Section 134.1309 - When will a Judge dismiss an appeal?The presiding Judge must dismiss the appeal if:
(a) The appeal is untimely filed under § 134.1303 ;(b) The appeal does not, on its face, allege facts that if proven to be true, warrant reversal or modification of the determination; or(c) The matter has been decided or is the subject of adjudication before a court of competent jurisdiction over such matters; however, once an appeal has been filed, initiation of litigation of the matter in a court of competent jurisdiction will not preclude the Judge from rendering a final decision on the matter.