Opinion
Case No. 20020380-CA.
Filed September 6, 2002. (Not For Official Publication)
Original Proceeding in this Court.
Michele K. Morin, Salt Lake City, for Petitioner.
Suzan Pixton, Salt Lake City, for Respondent.
Before Judges Jackson, Greenwood, and Orme.
MEMORANDUM DECISION
This matter is before the court on a sua sponte motion for summary disposition to affirm the order below "on the basis that the grounds for review are so insubstantial as not to merit further consideration by the appellate court." Utah R. App. P. 10(a)(2).
This court has consistently held that an untimely appeal deprives the agency of jurisdiction. SeeAutoliv ASP, Inc. v. Workforce Appeals Bd., 2000 UT App 223,¶ 18, 8 P.3d 1033 ("Because [Petitioner's] appeal was not timely filed, the agency did not have jurisdiction to consider the issue of fault."); Armstrong v. Department of Employment Sec., 834 P.2d 562, 568 (Utah Ct.App. 1992) (concluding Board did not err in declining to address merits of untimely appeal). Petitioner has vaguely alleged, and completely failed to establish, any good cause for filing an appeal nineteen months late, after voluntarily withdrawing his original timely appeal. In this case, the Workforce Appeals Board did not err in deciding it lacked jurisdiction to consider the merits of the appeal because it was filed "beyond one year from the date of the decision." Utah Admin. Code R994-406-202 (2001).
Accordingly, we grant the sua sponte motion for summary disposition and affirm the order and judgment of the Workforce Appeals Board.
Norman H. Jackson, Presiding Judge, Pamela T. Greenwood, Judge, and Gregory K. Orme, Judge, concur.