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Brown Jr. v. DWS
IN THE UTAH COURT OF APPEALS
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Roy A. Brown Jr.,
Petitioner,
v.
Workforce Appeals Board, Department of Workforce Services,
Respondent.
MEMORANDUM DECISION
(Not For Official Publication)
Case No. 20030512-CA

F I L E D
(December 26, 2003)

2003 UT App 446
Original Proceeding in this Court
Attorneys: Roy A. Brown Jr., Salt Lake City, Petitioner Pro Se
Tani Pack Downing, Salt Lake City, for Respondent
Before Judges Jackson, Greenwood, and Thorne.
PER CURIAM:
Petitioner Roy Brown seeks judicial review of a decision of the WorkforceAppeals Board determining that an overpayment of benefits occurred as a resultof fraud.
Brown claims his misrepresentations were careless but inadvertent. "Whenreviewing the factual findings made by an administrative agency, an appellatecourt will generally reverse only if the findings are not supported bysubstantial evidence." Whitear v. Labor Comm'n, 973 P.2d 982, 984 (Utah Ct. App. 1998); see also Drake v. Industrial Comm'n, 939 P.2d 177, 181 (Utah 1997); Midvag v. Department of Emp. Sec., 735 P.2d 386 (Utah Ct. App. 1987). We deferto the agency because "it stands in a superior position from which to evaluateand weigh the evidence and assess the credibility and accuracy of witnesses'recollections." Harken v. Board of Oil, Gas, & Mining, 920 P.2d 1176, 1180 (Utah 1996).
Brown has not demonstrated that the factual findings of the agency were notsupported by the evidence.
"An agency's application of law to its findings of fact will not be disturbedunless its determination 'exceeds the bounds of reasonableness and
file:///C|/Users/Peter/Desktop/Opinions/brown122603.htm[5/10/2013 6:27:36 PM] Brown Jr. v. DWS
rationality.'" Johnson v. Department of Emp. Sec., 782 P.2d 965, 968 (Utah Ct.App. 1989) (citation omitted). The determination of fraud, based on the factualfindings did not exceed the bounds of reason and was rational.
We affirm the decision of the Workforce Appeals Board and dismiss the petitionfor judicial review.
Norman H. Jackson,
Presiding Judge
Pamela T. Greenwood, Judge
William A. Thorne Jr., Judge
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