Harris v. DWS, Case No. 20000572-CA, Filed November 16, 2000
IN THE UTAH COURT OF
Harris v. DWS
Todd G. Harris,
Petitioner and Appellant,
Department of Workforce Services,
Workforce Appeals Board,
Respondent and Appellee.
(Not For Official Publication)
Case No. 20000572-CA
F I L E D
November 16, 2000 2000 UT App 330 -----
Original Proceeding in this Court
Todd G. Harris, Spanish Fork, Appellant Pro Se
Lorin R. Blauer, Salt Lake City, for Appellee
Before Judges Greenwood, Orme, and Thorne.
The court moved sua sponte for summary disposition of this appeal on the grounds that the court appeared to lack jurisdiction, as the petition was filed beyond the 30-day period allowed under rule 4(a) of the Utah Rules of Appellate Procedure.
The petition for review of the board's decision was filed 31 days after the decision was entered. "The timely filing of a petition for judicial review of an [administrative agency's] decision is jurisdictional. . . . Without a proper filing of a petition for review within 30 days of the Board's final decision, we are without jurisdiction to consider the appeal." Silva v. Department of Employment Security, 786 P.2d 246, 247 (Utah Ct. App. 1990) (citing Leonczynski v. Board of Review, 713 P.2d 706 (Utah 1985)).
There appears to be no exception
to this rigid rule, unfair though its application may be in a case like
one. Accordingly, we have no alternative but to dismiss the appeal.
Pamela T. Greenwood,
Gregory K. Orme, Judge
William A. Thorne, Jr., Judge