FILED COURT OF APPEALS DIV I STATE OF WASHINGTON 2018 AUG -6 AM 9:36 IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON AYAN ALI, ) ) No. 76655-4-1 Appellant, ) ) DIVISION ONE v. ) ) STATE OF WASHINGTON ) DEPARTMENT OF EMPLOYMENT ) SECURITY, ) UNPUBLISHED OPINION ) Respondent. ) FILED: August 6, 2018 ) BECKER, J. — This is an appeal from a denial of unemployment compensation. The appellant is a former building cleaner who cannot accept night work because she must be home with her children. We find no basis for overturning the decision that appellant's limited availability renders her ineligible for benefits. Ayan Ali is a Somali immigrant and single mother to four children, all under age 10. After losing her job as a building cleaner, Ali applied for unemployment compensation in February 2016. She stated in her application that she could not work between 10:30 p.m. and 10:30 am. To receive unemployment compensation, a person must be "available" for suitable positions, which generally means that the person must be available during all hours customarily worked in his or her industry. RCW 50.20.010(1)(c); No. 76655-4-1/2 , vVAe. k'lictwii Acdotclirig to'data relied'on by the EMPloYment Security' Department, customary hours for building cleaners are "24/7." By decision dated March 26, 2016, the department disqualified Ali from receiving benefits based on the limitation she placed on the times within which she would be available. Ali appealed. Her case was heard by an administrative judge on April 28, 2016. Ali was the only witness. She appeared by phone and gave testimony through an interpreter. She did not have a lawyer. The judge asked about Ali's job search. She said that she was looking for any positions she was qualified for. The judge asked whether Ali could work between 10 at night and 10 in the morning. She responded, "I cannot work from ten to ten,. . . because I have children, so I cannot work these hours."2 The judge relied on her response in 'upholding the denial of benefits. Finding that Ali "works cleaning buildings" and that building cleaners "can be scheduled to work any shift day or night," the judge concluded,"Because the claimant was not available to work any shift, day or night, any day of the week,from the week beginning February 28, 2016, she is subject to a denial of benefits under [chapter 50.20 RCVV]and related regulations from the week beginning February 28, 2016."3 Ali retained counsel and petitioned for review. The commissioner's review office affirmed the decision of the administrative judge on June 10, 2016. That decision was affirmed by the superior court. This appeal followed. 1 Administrative Record at 31. 2 Administrative Record at 18-19. 3 Administrative Record at 33-34. 2 No. 76655-4-1/3 We review an agency decision from the same position as the superior court, applying standards from the Administrative Procedure Act, chapter 34.05 RCW, directly to the commissioner's order. RCW 50.32.120; Campbell v. Emp't Sec. Dep't, 180 Wn.2d 566, 571, 326 P.3d ...
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