STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
PROVIDENCE, SC DISTRICT COURT, SIXTH DIVISION

KENJI T. BROOKS :
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V. : A.A. 05-36
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DEPARTMENT OF LABOR AND TRAINING, BOARD OF REVIEW


 

D E C I S I O N

DEROBBIO, C.J. This matter is before the Court on the complaint of Kenji T. Brooks, filed pursuant to Rhode Island General Laws § 42-35-15, seeking judicial review of a final decision rendered by the respondent, Board of Review, Department of Labor and Training, which upheld the finding of the Referee dismissing the case for want of prosecution.

The Board of Review made the following decision:
"This matter came on to be heard before the Board of Review on February 22, 2005, in connection with the claimant's appeal dated January 31, 2005, from a decision of a Referee dated January 13, 2005, denying the claimant benefits under the voluntary leaving provisions of the Rhode Island Employment Security Act. The claimant telephoned for the hearing.

The claimant in this case appealed from a decision of the Referee dated January 13, 2005, and had until January 28, 2005 to file his appeal. The statute requires that appeals be taken fifteen (15) days from the date of the decision unless justification is shown.

The claimant has failed to justify the late filing of the appeal in the instant case and the appeal is denied and dismissed."

Thereafter, Kenji T. Brooks filed a complaint for judicial review; jurisdiction for review of the decisions of the Board is vested in the District Court by Rhode Island General Laws § 28-44-52.
The record is clear that the appeal to the Board of Review was filed beyond the fifteen day period. The record is clear that the claimant did not show good cause for filing a late appeal.
A review of the entire record demonstrates that there is substantial, probative and reliable evidence to support the findings of fact, conclusions and decision of the Board of Review.
On findings of fact, as to the weight of the evidence, this Court shall not substitute its judgment for that of the administrative agency.
The scope of judicial review by the Court is limited by Section 28-44-54 which in its pertinent part provides:
28-44-54. Scope of judicial review - Additional evidence - Precedence of proceedings. - The jurisdiction of the reviewing court shall be confined to questions of law, and, in the absence of fraud, the findings of fact by the board of review, if supported by substantial evidence regardless of statutory or common law rules, shall be conclusive.

Upon careful review of the evidence, this Court finds that the decision of the Board was not "clearly erroneous in view of the reliable, probative and substantial evidence on the whole record," and that said decision was not "arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion." Rhode Island General Laws § 42-35-15(g)(5)(6).

Accordingly, the decision of the Board is hereby affirmed.