Utah Admin. Code R994-508-302 - Time Limit for Filing an Appeal to the Board

(1) The appeal from a decision of an ALJ must be filed within 30 calendar days from the date the decision was issued by the ALJ. This time limit applies regardless of whether the decision of the ALJ was sent through the U.S. Mail or personally delivered to the party. "Delivered to the party" means personally handed, faxed, or sent electronically to the party. No additional time for mailing is allowed.

(2) In computing the period of time allowed for filing a timely appeal, the date as it appears in the ALJ's decision is not included. The last day of the appeal period is included in the computation unless it is a Saturday, Sunday, or legal holiday when Department offices are closed. If the last day permitted for filing an appeal falls on a Saturday, Sunday, or legal holiday, the time permitted for filing a timely appeal will be extended to the next day when Department offices are open.

(3) An appeal sent through the U.S. Mail is considered filed on the date shown by the postmark.

(a) If the postmark date cannot be established because it is illegible, erroneous, or omitted, the appeal will be considered filed on the date it was mailed if the sender can establish that date by competent evidence and can show that it was mailed before the date of actual receipt.

(b) If the date of mailing cannot be established by competent evidence, the appeal will be considered filed on the date it is actually received by the Department as shown by the Department's date stamp on the document or other credible evidence such as a written notation of the date of receipt.

(c) "Mailed" in this subsection means taken to the post office or placed in a receptacle which is designated for pick up by an employee who has the responsibility of delivering it to the post office.

(4) If the appeal is faxed to the Board, the date of filing is the date recorded on the fax.

(5) If the appeal is submitted electronically, the date of filing is the date recorded by the electronic system.

(6) Appeals to the Board which appear to be untimely pursuant to Subsections R994-508-302(1) through (5) will be handled in the same way as untimely appeals to the ALJ in Sections R994-508-103 and R994-508-104.

Notes

Utah Admin. Code R994-508-302

Amended by Utah State Bulletin Number 2020-09, effective 4/22/2020