Reck v. DWS & Teltrust

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Reck v. Department of Workforce Services, et al. Filed August 5, 1999 IN THE UTAH COURT OF APPEALS


Rhodney Reck,


Workforce Appeals Board, Department of Workforce Services,
and Teltrust, Inc.,

(Not For Official Publication)

Case No. 990387-CA

August 5, 1999
  1999 UT App 237 -----

Original Proceeding in this Court

Rhodney Reck, Salt Lake City, Petitioner Pro Se
Suzan Pixton, Salt Lake City, for Respondent Workforce Appeals Board


Before Judges Wilkins, Davis, and Orme.


A petition for review must be filed within 30 days of the date the Workforce Appeals Board's final decision is issued and mailed. See Utah R. App. P. 14(a). In this case, the subject decision was issued and mailed on March 25, 1999, and the decision specifically warned petitioner of the 30 day appeal period--"[y]ou may appeal this decision to the Utah Court of Appeal. Your appeal must be submitted in writing within 30 days of the date this decision is issued." Reck's petition for review was due on April 26, 1999, but was not filed with this court until April 30, 1999, after the 30 day deadline. Since we may only review timely petitions for review, we lack jurisdiction to consider Reck's untimely petition. See Silva v. Department of Employment Security, 786 P.2d 246, 247 (Utah Ct. App. 1990) (stating that "[w]ithout 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").

We reject Reck's argument that we extended the appeal period by a May 1999 letter. The letter, to which Reck seems to be referring, specifically warns him that "failure to file designated papers within the time limits established under the Utah Rules of Appellate Procedure may result in dismissal of [his] appeal." Reck failed to meet the 30 day deadline of Utah R. App. P. 14(a).

Accordingly, the appeal is dismissed for lack of jurisdiction.

Judith M. Billings, Judge

James Z. Davis, Judge

Norman H. Jackson, Judge