Keith v. Dep't. of Workforce Services, Workforce Appeals Board

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IN THE UTAH COURT OF APPEALS ----ooOoo---Kirsi-Marja Keith, Petitioner, v. Department of Workforce Services, Workforce Appeals Board, Respondent. ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20070549-CA F I L E D (November 1, 2007) 2007 UT App 360 ----Original Proceeding in this Court Attorneys: Kirsi-Marja Keith, Vernal, Petitioner Pro Se Suzan Pixton, Salt Lake City, for Respondent ----- Before Judges Bench, Davis, and Thorne. PER CURIAM: Kirsi-Marja Keith petitions for judicial review of a decision of the Workforce Appeals Board (the Board). This case is before the court on a sua sponte motion for summary disposition. The Board issued its decision on a request for reconsideration, which constitutes a final agency action, on May 7, 2007. "A party shall file a petition for judicial review of final agency action within 30 days after the date that the order constituting the final agency action is issued." Utah Code Ann. § 63-46b-14(3)(a) (2004). Keith's petition for review was not filed in this court until July 3, 2007, fifty-seven days after issuance of the order constituting a final agency action. Timely filing of a petition for review is jurisdictional. See Silva v. Department of Employment Sec., 786 P.2d 246, 247 (Utah Ct. App. 1990) (per curiam). Without timely filing of a petition for review, we lack jurisdiction to consider the merits of the petition. Because 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). Accordingly, we dismiss the petition for lack of jurisdiction. ______________________________ Russell W. Bench, Presiding Judge ______________________________ James Z. Davis, Judge ______________________________ William A. Thorne Jr., Judge 20070549-CA 2

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