Cite as 2009 Ark. App. 724 ARKANSAS COURT OF APPEALS DIVISION I No. E08-176 DEBORAH D. BERGMAN Opinion Delivered November 4, 2009 APPELLANT APPEAL FROM THE ARKANSAS V. BOARD OF REVIEW, [NO. 2008-BR-1040] DIRECTOR, DEPARTMENT OF WORKFORCE SERVICES and RANDOLPH COUNTY NURSING REMANDED HOME APPELLEES JOSEPHINE LINKER HART, Judge Deborah D. Bergman appeals the Board of Review’s decision to disqualify her from receiving unemployment benefits. On appeal, Bergman argues that she was denied due process because the hearing officer refused to let a character witness testify and limited her cross-examination. She also argues that there was insufficient evidence to support the Board’s decision. Because the Board failed to make written findings on Bergman’s due-process claim, we remand for a ruling. When an administrative agency fails to make a finding on a pertinent issue, we do not decide the question in the first instance, but instead remand for a ruling. Lawrence v. Everett, 9 Ark. App. 138, 653 S.W.2d 140 (1983). Remanded. PITTMAN and GLOVER, JJ., agree. Larry J. Steele, for appellant. Phyllis Edwards, for appellee.
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