Tadd v. DWS, Workforce Appeals Board

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IN THE UTAH COURT OF APPEALS ----ooOoo---Joan Tadd, Petitioner, v. Department of Workforce Services, Workforce Appeals Board, Respondent. ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20060936-CA F I L E D (December 29, 2006) 2006 UT App 524 ----Original Proceeding in this Court Attorneys: Joan Tadd, Salt Lake City, Petitioner Pro Se Gary S. Gibbs, Salt Lake City, for Respondent ----- Before Judges Bench, Greenwood, and Thorne. PER CURIAM: Joan Tadd petitions for review of the Workforce Appeals Board's (the Board) final order denying reconsideration of the denial of unemployment benefits. 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 final order was dated January 17, 2006. Tadd filed her petition for review on October 10, 2006, almost nine months after the date of the final order. Her petition was filed well beyond the thirty-day filing time and is therefore untimely. 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 ______________________________ Pamela T. Greenwood, Associate Presiding Judge ______________________________ William A. Thorne Jr., Judge 20060936-CA 2

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