Minor v. Labor Comm'n

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IN THE UTAH COURT OF APPEALS ----ooOoo---James Minor, Petitioner, v. Labor Commission, Respondent. ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20100466-CA F I L E D (August 12, 2010) 2010 UT App 223 ----Original Proceeding in this Court Attorneys: James Minor, Salt Lake City, Petitioner Pro Se ----- Before Judges Thorne, Voros, and Christiansen. PER CURIAM: James Minor petitions for review of the Appeals Board's (the Board) dismissal of his reconsideration as untimely. This is before motion for summary disposition based on lack to an untimely filed petition for review. Labor Commission request for the court on its own of jurisdiction due A petition for review of a final agency order must be filed within thirty days after the date of the final action. See Utah Code Ann. § 63G-4-401(3)(a) (2008); Utah R. App. P. 14(a). The time requirement is jurisdictional. See Silva v. Department of Emp't Sec., 786 P.2d 246, 247 (Utah Ct. App. 1990). If a petition is not timely filed, this court lacks jurisdiction and must dismiss the petition. See id. The Board's final order was dated April 27, 2010. Minor's petition for review was filed on June 10, 2010, more than thirty days later. Accordingly, Minor's petition for review was untimely filed and this court lacks jurisdiction. Dismissed. ______________________________ William A. Thorne Jr., Judge ______________________________ J. Frederic Voros Jr., Judge ______________________________ Michele M. Christiansen, Judge

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