| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
issue not recognized |
jurisdiction exceeded |
|
Summary:
The Board of Referees in this case did exceed their jurisdiction by eliminating the penalty under s. 38 as assessed by the Commission. Once the Board of Referees confirm that the claimant had made a misrepresentation and made it knowingly, then the Commission had a right to impose a financial penalty which was followed by a notice of violation. The notice of violation automatically follows the penalty. The Board of Referees did not have the power to eliminate the penalty as it did not have the power to do that under s. 38 of the Act.
