Cherie Manning, Petitioner and Appellant
v.
Department of Workforce Services, Workforce Appeals Board, Respondent and Appellee
MEMORANDUM DECISION
(Not For Official Publication)
Original Proceeding in this Court

Attorneys:
Cherie Manning, Hooper, Appellant Pro Se
Suzan Pixton, Salt Lake City, for Appellee

Before Judges Greenwood, Davis, and Orme.

PER CURIAM:

Manning appeals the Board's affirmation of Department decisions requiring her to repay unemployment benefits and to pay a penalty.

Manning was given a copy of the claimant handbook which specifically states that "[a]ll work and earnings must be reported for the week in which you work. This may or may not be the same week you were paid . . . . Failure to report all work and earnings, including part-time or temporary work could result in large penalties." Also, the Department's automated phone system does not ask claimants if they worked and got paid. It only asks: "During the week, did you work?" Manning responded "no" to this question three weeks in a row even though she had started a new job. For providing incorrect information, Utah Code Ann. § 35A-4-405(5) (1997) requires that a penalty be imposed in an amount equal to benefits improperly received. This is what the Department did.

Accordingly, the Board's decision is affirmed.

______________________________
Pamela T. Greenwood, Associate Presiding Judge

______________________________
James Z. Davis, Judge

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Gregory K. Orme, Judge