Bond v. ADES/Blood Services

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NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24 IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE ANN E BOND, Appellant, v. ARIZONA DEPARTMENT OF ECONOMIC SECURITY, an Agency, and BLOOD SERVICES, Appellees. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Court of Appeals Division One No. 1 CA-UB 11-0074 DIVISION ONE FILED: 07/28/2011 RUTH A. WILLINGHAM, CLERK BY: DLL A.D.E.S. Appeals Board No. U-1222744-BR DEPARTMENT C DECISION ORDER In our previous order to show cause, dated July 6, 2011, we granted the application for appeal and suspended the Arizona Rules of Civil Appellate Procedure pursuant to ARCAP Rule 3, pending Security the response ( ADES ) of the showing Arizona cause Department why this reverse the decision appealed from. order confessing error. IT IS ORDERED Court of Economic should not ADES responded to such Accordingly, reversing and remanding this case to the appropriate fact-finder, which we leave to ADES to determine, for an untimely evidentiary filing hearing her on appeal whether from claimant s the Appeal determination was a valid, legally-cognizable excuse. excuse for Tribunal s No. 1 CA-UB 11-0074 A.D.E.S. Appeals Board No. U-1222744-BR IT IS FURTHER ORDERED that ADES s fact-finder shall receive evidence addressing whether claimant s excuse that she did not receive the original emailed decision of the Appeal Tribunal was valid. IT IS FURTHER ORDERED that ADES provide the parties (1) notice of any documents that related to the timeliness issue, (2) copies of any such documents, and (3) a opportunity to respond to them. /s/ DONN KESSLER, Judge 2 meaningful

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