Dang v. DWS

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IN THE UTAH COURT OF APPEALS ----ooOoo---Wayne K. Dang, Petitioner, v. Department of Workforce Services, Workforce Appeals Board, Respondent. ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20060777-CA F I L E D (December 7, 2006) 2006 UT App 482 ----Original Proceeding in this Court Attorneys: Wayne K. Dang, West Jordan, Petitioner Pro Se Geoffrey T. Landward, Salt Lake City, for Respondent ----- Before Judges Bench, Billings, and Thorne. PER CURIAM: Wayne K. Dang petitions for review of the Workforce Appeals Board's (the Board) final order. This is before the court on its own motion for summary disposition based on lack of jurisdiction due to an untimely filed petition. Under Utah Code section 63-46b-14, a petition for review of a final agency action must be filed within thirty days after the date of the order. See Utah Code Ann. § 63-46b-14(3)(a) (2004); see also Utah R. App. P. 14. The Board's order was dated June 13, 2006. Dang did not file his petition for review until August 25, 2006, beyond the thirty-day period for timely filing. As a result of the untimely filing of the petition, this court lacks jurisdiction over the petition and must dismiss it. See Silva v. Department of Employment Sec. , 786 P.2d 246, 247 (Utah Ct. App. 1990) (per curiam). Accordingly, this petition is dismissed. ______________________________ Russell W. Bench, Presiding Judge ______________________________ Judith M. Billings, Judge ______________________________ William A. Thorne Jr., Judge 20060777-CA 2

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