Carroll v. Maine Employment Security Commission

DUFRESNE, Active Retired Justice

(further concurring in separate opinion).

Disregarding for the time being the propriety of the penalty or disqualification portion of the agency decision as approved by the Superior Court, we cannot sustain the agency finding that the claimant knowingly and fraudulently failed to disclose material facts in his application for the purpose of obtaining unemployment compensation benefits. First, we note that the application *474form does not request the disclosure of other facts, material or otherwise, not called for by the several questions listed on the form itself…