Salas v. Arizona Department of Economic Security

OPINION

GARBARINO, Judge.

David D. Salas (claimant) appeals a decision of the Appeals Board of the Arizona Department of Economic Security (DES) that affirmed earlier DES decisions denying his request to waive recoupment of overpaid unemployment benefits. Claimant requests that this Court reverse the decision of the Appeals Board, and urges that DES be ordered to promulgate rules implementing the waiver program.

We find that claimant was denied due process of law by DES’s failure to give him timely notice of its intent to recoup. Further, we find that the consent decree entered by DES in federal…