The opinion
Cite as 2024 Ark. App. 125
ARKANSAS COURT OF APPEALS
DIVISION II
No. E-22-625
MYTEAR BERKHALTER Opinion Delivered February 21, 2024
APPEAL FROM THE
APPELLANT ARKANSAS BOARD OF REVIEW
[NO. 2022-BR-01225]
V.
DIRECTOR, DIVISION OF
WORKFORCE SERVICES;
AND ARKANSAS BUILDING
SERVICES, LLC
REMANDED TO SETTLE AND
APPELLEES SUPPLEMENT THE RECORD
STEPHANIE POTTER BARRETT, Judge
Mytear Berkhalter appeals the Board of Review’s (Board’s) dismissal of her
unemployment-benefits appeal on the basis that her untimely appeal to the Board was not
due to circumstances beyond her control. Because our record does not contain a transcript
of the October 19, 2022, hearing conducted by the Board on the timeliness issue, we remand
to settle and supplement the record to include a transcript of that hearing.
On March 11, 2021, the Division of Workforce Services issued a determination
denying Berkhalter benefits on the finding that she had willfully made a false statement or
misrepresentation of a material fact while filing an initial claim. Berkhalter filed an untimely
appeal of that determination to the Appeal Tribunal, which, pursuant to Paulino v. Daniels,
269 Ark. 676, 559 S.W.2d 760 (Ark. App. 1980), held a hearing on April 11, 2022, to
determine if the untimely filing of the appeal was due to circumstances beyond Berkhalter’s
control.1 The Appeal Tribunal issued a decision finding that the late filing was not due to
circumstances beyond Berkhalter’s control and dismissed the appeal. Berkhalter then filed
an untimely appeal to the Board from the Appeal Tribunal decision.
On October 19, 2022, the Board held a second Paulino hearing to determine if
Berkhalter’s untimely filing of her appeal to the Board was due to circumstances beyond her
control. As a result of that hearing, the Board concluded Berkhalter had not shown that the
late filing of her appeal was due to circumstances beyond her control. However, because our
record does not contain a transcript of the October 19 Paulino hearing, we cannot reach the
merits of Berkhalter’s claim at this time. We remand this case to the Board to settle and
supplement the record. See Robinson v. Dir., 2023 Ark. App. 585.
Remanded to settle and supplement the record.
GLADWIN and GRUBER, JJ., agree.
Mytear Berkhalter, pro se appellant.
Cynthia L. Uhrynowycz, Associate General Counsel, for appellee.
1
According to the statements of the hearing officer, the Paulino hearing before the
Appeal Tribunal involved two cases—2022-AT-02416 (the subject of this appeal) and 2022-
AT-02417.
2