Burnside v. Gate City Steel Corp.

The majority opinion, without so much as a “by your leave, sir,” endorses a state agency acting beyond the authority granted to it by our legislature. The areas in which the Department of Employment has taken unto itself more power than that delegated to it are the following:

1. The Department had absolutely no authority to order a refund of the alleged over-payments rather than deduct the over-payments from future benefits pursuant to I.C. § 72-1369(a)(2)(A).

2. The Department lacked authority to condition Burnside’s eligibility for benefits upon its eligibility review agreement.

A third…