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FOR PUBLICATION
ATTORNEY FOR APPELLANT: JOHN R. MCKAY Hickam & Lorenz, P.C. Spencer, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ELIZABETH ROGERS Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
OWEN COUNTY, by and through its OWEN COUNTY BOARD OF COMMISSIONERS, Appellant-Defendant, vs. INDIANA DEPARTMENT of WORKFORCE DEVELOPMENT and CASEY C. WHITE, Appellee-Plaintiff. ) ) ) ) ) ) ) ) ) ) ) )

No. 93A02-0607-EX-562

APPEAL FROM THE REVIEW BOARD OF THE INDIANA DEPARTMENT OF WORKFORCE DEVELOPMENT Cause No. 06-R-00833

March 1, 2007

OPINION - FOR PUBLICATION

ROBB, Judge

Case Summary Casey White was employed by the Owen County Highway Department ("Owen County") until he was fired in December 2005 for allegedly failing a random drug test. White applied for unemployment benefits, which were denied on initial determination. White appealed that decision, and an Administrative Law Judge ("ALJ") reversed the initial determination, finding that the evidence failed to establish just cause for White's discharge. The Unemployment Insurance Review Board of the Indiana Department of Workforce Development ("Review Board") adopted the ALJ's findings of fact and conclusions of law and affirmed the ALJ's decision. Owen County then appealed. Concluding that the findings of fact support the Review Board's determination that White was entitled to unemployment benefits, we affirm. Issues Owen County raises the issue of whether the decision of the ALJ and the Review Board is contrary to law. In addition, because of certain perceived procedural irregularities in Owen County's initiation of the appeal, the Review Board, pursuant to Indiana Code section 22-4-17-13, has filed the following Certified Question: Whether the procedures described in Ind. Appellate Rule 9(A)(3) and 9(I) (and Form 9-2) are the exclusive means to initiate an appeal from the Review Board, or whether the provisions in Ind. Code

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