Campbell v. WFSV

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IN THE UTAH COURT OF APPEALS ooOoo Jessica Campbell, Petitioner, v. Department of Workforce Services, Respondent. ) ) ) ) ) ) ) ) ) PER CURIAM DECISION Case No. 20101021 CA F I L E D (March 17, 2011) 2011 UT App 81 Original Proceeding in this Court Attorneys: Jessica Campbell, Salt Lake City, Petitioner Pro Se Amanda B. McPeck, Salt Lake City, for Respondent Before Judges Davis, Voros, and Roth. ¶1 Jessica Campbell petitions for judicial review of the final decision of the Workforce Service Appeals Board (the Board). This case is before the court on its own motion for summary disposition based upon lack of jurisdiction due to Campbell s failure to file a timely petition for review of the BoardÊ¹s decision. See Utah R. App. P. 14(a). ¶2 A petition for review of an agencyÊ¹s final order must be filed within 30 days after the date of the written decision or order. Id.; see also Utah Code Ann. § 63G 4 401(3)(a) (2008) ( A party shall file a petition for judicial review of final agency action within 30 days. ). If the petition is not timely filed, this court lacks jurisdiction to review the petition and must dismiss it. See Silva v. Department of Emp t Sec., 786 P.2d 246, 247 (Utah Ct. App. 1990) (mem.) (per curiam). ¶3 The Board issued its final order on November 16, 2010. Campbell did not file her petition for review until December 22, 2010, thirty six days after the issuance of the decision by the Board and beyond the time limitation set forth in rule 14(a). See Utah R. App. P. 14(a). Because Campbell did not timely file a petition for review, we lack jurisdiction to consider the merits of the petition. When we lack jurisdiction, we retain only the authority to dismiss the action. Varian Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1989). ¶4 Therefore, the petition for review is dismissed for lack of jurisdiction. ____________________________________ James Z. Davis, Presiding Judge ____________________________________ J. Frederic Voros Jr., Judge ____________________________________ Stephen L. Roth, Judge 20101021 CA 2

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