Following an appeal by Munson, a reemployment insurance judge determined that Munson was not disqualified from receiving benefits. On remand, the reemployment insurance judge found that Munson was disqualified from receiving benefits because she quit her job without good cause attributable to her employer. The Commissioner affirmed. Munson appeals, arguing that her due process rights were violated by the Commissioner's order remanding her claim to a new reemployment insurance judge. She further challenges the Commissioner's decision that she quit her job voluntarily without good cause attributable to her employer.
Due process requires that a party receive adequate notice and an opportunity to be heard.
We observe that the Commissioner has broad discretion in determining whether to remand a case for the taking of additional testimony and evidence. Upon review, the commissioner or authorized representative shall, on the basis of the evidence submitted at the hearing before the reemployment judge, make findings of fact and decision, or remand the matter back to the reemployment judge for the taking of additional evidence and new findings and decision based upon all the evidence. In Youa True Vang v. In this case, the Commissioner acted within her wide discretion by remanding and directing a rehearing of the matter for the purpose of obtaining all available testimony bearing on whether Munson quit for good cause attributable to her employer. Thus, the Commissioner's decision to remand was not an abuse of discretion or a violation of Munson's due process rights.