Steele v. Employment Dept. , 336 Or. App. 238 ( 2024 )

238 November 14, 2024 No. 824
This is a nonprecedential memorandum opinion
pursuant to ORAP 10.30 and may not be cited
except as provided in ORAP 10.30(1).
IN THE COURT OF APPEALS OF THE
STATE OF OREGON
Latisha M. STEELE,
Petitioner,
v.
EMPLOYMENT DEPARTMENT,
Respondent.
Employment Appeals Board
2022EAB1248;
A180888
Submitted October 4, 2024.
Latisha M. Steele, Petitioner, filed the brief pro se.
Dustin Buehler waived appearance for respondent.
Before Shorr, Presiding Judge, Powers, Judge, and
Pagán, Judge.
POWERS, J.
Affirmed.
Nonprecedential Memo Op: 336 Or App 238 (2024) 239
POWERS, J.
In this judicial review proceeding, petitioner chal-
lenges a decision by the Employment Appeals Board that
upheld an earlier decision related to pandemic unemploy-
ment assistance (PUA). Under our standard of review, we
will set aside or remand the board’s order if the order is not
supported by substantial evidence in the record. See ORS
183.482(8)(c) (describing our standard of review). As we
recently explained, “Our role as an appellate court reviewing
a decision of [the board] is not to find facts, nor to relitigate
what was litigated below. Our role is one of error correction.
In exercising that role, we are bound by the record before
us and our standard of review.” Champion v. Employment
Dept., 325 Or App 71, 75, 528 P3d 323 (2023). After review-
ing the record and applying our standard of review, we con-
clude that petitioner has not demonstrated any reversible
error by the board. Accordingly, we affirm.
We do not provide a recitation of the underlying fac-
tual and procedural history for this nonprecedential mem-
orandum opinion; rather, the board’s decision provides an
extended description of the procedural history of the case.
Ultimately, the board affirmed the order under review, which
concluded that petitioner “was eligible to receive PUA ben-
efits after December 6, 2020, for a period of weeks claimed
in late 2020 and in 2021.” The board further concluded that
petitioner’s arguments were properly directed at a different
administrative decision that was not at issue. That is, the
board explained that it understood petitioner’s argument to
be “properly construed as a timely request for hearing on
the December 6, 2022, administrative decision” and that the
board “forwarded a copy of [its] decision, including [petition-
er’s] written argument and both administrative decisions, to
the [Employment] Department for review.”
In this judicial review proceeding, petitioner
does not appear to directly challenge the board’s deci-
sion; rather, her arguments appear to be directed at the
Employment Department. For instance, she contends that
there “is no substantial evidence or any material facts in
the Employment Department’s findings of fact” and asks us
to order the department “to honor the Employment Appeals
240 Steele v. Employment Dept.
Board decision and pay petitioner PUA benefits owed imme-
diately.” None of those arguments demonstrate any revers-
ible error by the board. Accordingly, we affirm the decision
by the board.
Affirmed.