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STATE OF MINNESOTA IN COURT OF APPEALS A07-0348 The Work Connection, Inc., Relator, vs. Son Q. Bui, Respondent, Department of Employment and Economic Development, Respondent. Filed April 8, 2008 Affirmed Minge, Judge Concurring in part, dissenting in part, Schellhas, Judge Department of Employment and Economic Development File No. 14471 06 M. Gregory Simpson, Siegel, Brill, Greupner, Duffy & Foster, P.A., 1300 Washington Square, 100 Washington Avenue South, Minneapolis, MN 55401 (for relator) Son Q. Bui, 7432 Xerxes Avenue North, Brooklyn Park, MN 55444 (pro se respondent) Lee B. Nelson, Katrina Gulstad, Department of Employment and Economic Development, First National Bank Building, 332 Minnesota Street, Suite E200, St. Paul, MN 55101-1351 (for respondent department) Considered and decided by Klaphake, Presiding Judge; Minge, Judge; and Schellhas, Judge. SYLLABUS 1. In reviewing the decision of an unemployment law judge (ULJ), the court of appeals may consider an issue first raised by a party and determined by the ULJ on reconsideration.

2. An applicant for unemployment benefits who relies on public transit may meet the requirement of having "transportation throughout the labor market area" to be available for suitable employment in accordance with Minn. Stat.

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