Decision 65055

Case Number Claimant Judge Language Decision date
Decision 65055   Marin  English 2006-01-03
Decision Appealed Appellant Corresponding Case
Allowed  No Commission  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  excess of jurisdiction 

Summary:

The Board of Referees changed the noted violation to a minor violation as a result of reducing the penalty. The evidence on record shows that this was a subsequent violation and the Umpire found that the Board exceeded its jurisdiction and rendered a decision which is wrong in law.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  penalties  violation 

Summary:

As a result of reducing the penalty, the Board of Referees changed the noted violation to a minor violation. Evidence on the record shows that this was a subsequent violation and, accordingly, it could not be treated as a minor violation. The Umpire concluded that the subsequent violation precluded the action of the Board and allowed the Commission appeal.


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