Holmes v. Director, Department of Workforce Services

I agree with the majority that substantial evidence supports the Arkansas Board of Review’s decision. I write separately, however, to express concern about the adversarial tone of the questioning by the hearing officer for the Arkansas Appeal Tribunal.

Under Arkansas Code Annotated section 11 — 10—526(a)(1) (Repl. 2012), the Appeal Tribunal is not bound by common law or statutory rules of evidence or by technical rules of procedure, but any hearing or appeal before the tribunal shall be conducted in such manner as to ascertain the substantial rights of the parties. Moreover, the Arkansas Code…