IN THE UTAH COURT OF APPEALS 
----ooOoo---


Lisa G. Hutchison, ) MEMORANDUM DECISION 
) (Not For Official Publication) 
Petitioner, ) 
) Case No. 20080833-CA 
v. ) 
) F I L E D 
Department of Workforce ) (December 4, 2008) 
Services, Workforce Appeals ) 
Board, ) 2008 UT App 438 
) 
Respondent. ) 

Original Proceeding in this Court 


Attorneys: 
Lisa G. Hutchison, St. George, Petitioner Pro Se 
Susan Pixton, Salt Lake City, for Respondent 


Before Judges Bench, Davis, and McHugh. 


PER CURIAM: 


Lisa G. Hutchison petitions for judicial review of the final 
decision of the Workforce Appeals Board (the Board). This case 
is before the court on its own motion for summary disposition 
based upon lack of jurisdiction due to the failure to file a 
timely petition for review of the Board's decision. See Utah R. 
App. P. 14(a). 


A petition for review of an agency's final order must be 
filed "within 30 days after the date of the written decision or 
order." Id.; see also Utah Code Ann. § 63G-4-401(3)(a) (Supp. 
2008) ("A party shall file a petition for judicial review of 
final agency action within 30 days."). If the petition is not 
timely filed, this court lacks jurisdiction to review the 
petition and must dismiss it. See Silva v. Department of 
Employment Sec., 786 P.2d 246, 247 (Utah Ct. App. 1990) (per 
curiam). 


The Board issued its final order on August 21, 2008. 
Hutchison did not file her petition for review until October 6, 
2008, forty-six days after the issuance of the decision by the 
Board, and well beyond the time limitation set forth in rule 
14(a). See Utah R. App. P. 14(a). Because Hutchison did not 



timely file a petition for review, we lack jurisdiction to 
consider the merits of the petition. When 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). 


Therefore, the petition for review is dismissed for lack of 
jurisdiction. 


Russell W. Bench, Judge 


James Z. Davis, Judge 


Carolyn B. McHugh, Judge 


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