STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

PROVIDENCE, SC DISTRICT COURT , SIXTH DIVISION

VICKILYN N. BRACKETT   

V.  :   A.A. 03-27

 DEPARTMENT OF LABOR AND   TRAINING, BOARD OF REVIEW

D E C I S I O N

 
DEROBBIO, C.J.  This matter is before the Court on the complaint of Vickilyn N. Brackett, filed pursuant to Rhode Island General Laws § 42-35-15, seeking judicial review of a final decision rendered by the respondent, Board of Review, Department of Labor and Training, which upheld the finding of the Referee that the claimant, Vickilyn N. Brackett was not entitled to receive employment security benefits.

            The travel of the case is as follows.  The claimant last worked on March 30, 2002.   The claimant filed her new claim for Employment Security benefits on August 26, 2002.  In a decision dated October 10, 2002, the Director determined the claimant voluntarily left her job without good cause, as provided for under Section 28-44-17 of the Rhode Island Employment Security Act.  The claimant filed a timely appeal of this decision.  A hearing on this appeal was held on November 13, 2002, at which time the claimant appeared and provided testimony.  The employer, who was properly noticed of this hearing, did not attend.

The Referee held the claimant was not entitled to receive unemployment security benefits, based on the determination that claimant left work voluntarily without good cause and was thus disqualified pursuant to Rhode Island General Laws § 28-44-17.

Thereafter, a timely appeal was filed and the matter was heard by the Board of Review.  A majority of the Board of Review determined that the Referee’s decision was a proper adjudication of the facts, and upheld the Referee’s decision.  Thereafter, Vickilyn N. Brackett filed a complaint for judicial review; jurisdiction for review of the decisions of the Board is vested in the District Court by Rhode Island General Laws § 28-44-52.

The claimant filed an appeal with the Clerk of the District Court on March 6, 2003.

The claimant agrees that a petition of appeal was filed with District Court more than thirty (30) days from the mailing date of January 15, 2003 of the decision by the Board of Review; but, within the thirty (30) days, mailed a letter to the Board of Review expressing that she had won her claim for unemployment benefits.

The record is clear that the decision mailed to the claimant indicated that the majority of the Board affirmed the Decision of the Referee that claimant’s benefits were denied.  Included in the notice mailed to the claimant is a dissenting opinion which is clear and unambiguous.  The decision also carries, at the conclusion of the dissenting opinion, a legend of the appeals process both in English and in Spanish.

“APPEAL RIGHTS:

THIS DECISION WILL BECOME FINAL UNLESS WITHIN THIRTY (30) (CALENDAR) DAYS OF THE MAILING DATE HEREOF, YOU FILE A PETITION TO REVIEW THE WITHIN DECISION WITH THE CLERK OF THE DISTRICT COURT, SIXTH DIVISION OF THE STATE OF RHODE ISLAND, ONE DORRANCE PLAZA, PROVIDENCE, RI 02903, AND COMPLY WITH ALL OTHER CONDITIONS AS PROVIDED BY LAW, RHODE ISLAND GENERAL LAWS, SECTION 42-35-15.  THE APPEALING PARTY MUST NOTIFY THE BOARD BY PROVIDING A FAXED OR MAILED COPY OF THE DISTRICT COURT CIVIL FACE SHEET, WITH THE ASSIGNED (AA CASE NUMBER).”

            The claimant argues that Rule 60(b) of the District Court Rules of Civil Procedure is applicable because there existed excusable mistake for such filing and therefore claimant should be relieved of a final judgment.

            Rule 60(b) of the District Court Rules of Civil Procedure is applicable only to those judgments rendered by the District Court.  The final judgment in this case is within the jurisdiction of the Board of Review.  Any request for relief must be sought within the period of time as provided by statute.

            Section 42-35-15(b) of the Administrative Procedures Act provides the procedural requirement:

“Proceedings for review are instituted by filing a complaint in * * * the sixth division of the district court * * *, within thirty (30) days after mailing notice of the final decision of the agency or, if a rehearing is requested, within (30) days after the decision thereon, * * *.  Copies of the complaint shall be served upon the agency and all other parties of record in the manner prescribed by the applicable procedural rules within ten (10) days after it is filed in court, provided, however, that the time for service may be extended for good cause by order of the court.

            Section 42-35-15(b) is jurisdictional.  The District Court is not authorized to enlarge the thirty (30) day appeal period.