The opinion
Cite as 2022 Ark. App. 433
ARKANSAS COURT OF APPEALS
DIVISION III
No. E-21-582
Opinion Delivered October 26, 2022
JAMES TANKSLEY
APPELLANT APPEAL FROM THE ARKANSAS
BOARD OF REVIEW
V.
[NO. 2021-BR-02511]
DIRECTOR, DEPARTMENT OF
WORKFORCE SERVICES REMANDED TO SUPPLEMENT THE
APPELLEE RECORD
WAYMOND M. BROWN, Judge
Appellant James Tanksley (Tanksley) appeals from the adverse ruling of the Arkansas
Board of Review (Board) affirming the Arkansas Appeal Tribunal’s (Tribunal) decision in
appeal No. 2022-AT-01264, finding him liable to repay $19,140 in benefits. We remand to
supplement the record.
A brief review of the facts reflects that Tanksley separated from his last employment
on April 17, 2020. On April 20, 2020, Tanksley filed for unemployment benefits and
reported that he was laid off due to a lack of work. As a result, Tanksley received benefits
from April 25, through October 3, 2020, and received a total of $19, 140 in benefits.
After a review of Tanksley’s claim, he was issued a “Notice of Fraud Overpayment
Determination” on April 6, 2021, finding that he was liable to repay the $19,140 in benefits
pursuant to Ark. Code Ann. §11-10-532(a)(Supp. 2021). Tanksley filed a timely appeal of
this determination to the Tribunal, which conducted a hearing on June 3, 2021. From that
hearing, the Tribunal affirmed the Division’s determination in appeal No. 2021-AT-08691.
Tanksley timely appealed from that determination to the Board. The Board, in appeal No.
2021-BR-02511, affirmed the Tribunal’s decision. From there, Tanksley appealed to the
Arkansas Court of Appeals in case No. E-21-582. However, the court of appeals remanded
the case to the appeal Tribunal due to the failure to locate the recording of the June 3
hearing. The remand was docketed as 2022-AT-01264.
According to the record, the June 3 hearing transcript was never located. Thus, a
rehearing was conducted on February 16, 2022, to supplement the record. Thereafter, the
Tribunal again affirmed the Division’s determination in appeal No. 2022-AT-01264 and set
aside its previous decision in appeal No. 2021-AT-08691. Following a timely appeal, the
Board again affirmed the Tribunal’s decisions. And from this determination, Tanksley timely
appealed to this court.
However, once more, we are unable to reach the merits of this appeal and must
remand to supplement the record. Our record contains a decision from the Board that
indicates the wrong decision from the Tribunal, which was previously set aside. Additionally,
the Board’s decision is not supported by testimony given at the February 16, 2022, rehearing.
From what we can gather, the Board resubmitted its decision from the June 3 hearing which
was never located, and is not within the record before us. The Board stated in its decision
that it had “considered the entire record of prior proceedings before the Appeal Tribunal,
including the testimony submitted at the hearing.” However, the Board’s decision is not
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supported by the record. A proper determination must be made from evidence within the
record. This information is essential to a proper review of whether the benefits at issue need
to be repaid.1 Therefore, we cannot reach the merits of Tanksley’s claim at this time.
Accordingly, we remand to the Board with specific instructions to settle and
supplement the record with a finding supported by evidence within the record, taking into
account the February 16 rehearing. The supplemental record is to be returned thirty days of
this order.
Remanded to supplement the record.
VAUGHT and MURPHY, JJ., agree.
James Tanksley, pro se appellant.
Cynthia L. Uhrynowycz, Associate General Counsel, for appellee.
1
See Van Venrooij v. Dir., 2021 Ark. App. 213; Spicer v. Dir., 2022 Ark. App. 152, at
2.
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