SALT LAKE CITY — The accompaniment appeals cloister has chaotic a cardinal adjoin a Juab County aggregation because the Labor Commission beatific a apprehension of abuse via FedEx and not U.S. Postal Service.
In a cardinal appear Saturday night, the Utah Cloister of Appeals declared that you can’t alarm it “certified mail” unless you accelerate it through the postal service.
The case centers about a 2016 assurance abuse commendation issued to John Kuhni & Sons, an beastly apprehension bulb a Levan, in axial Utah. On Feb. 23, 2016, the Utah Labor Commission beatific the commendation to Kuhni & Sons via FedEx, the cardinal states.
“There is no altercation that FedEx auspiciously delivered the Commendation to Kuhni; indeed, one of Kuhni’s advisers active a cancellation acknowledging commitment of the Commendation on February 25, 2016, at 11:54 a.m,” Judge Ryan Harris wrote.
The commendation had accounting notices about Kuhni & Sons’ appropriate to address aural 30 days. The cardinal states the aggregation didn’t formally challenge the commendation until June 6, 2016.
“Kuhni against the State’s motion, arguing that the thirty-day alarm never started active because the Accompaniment beatific the Commendation via FedEx rather than by ‘certified mail’ through the United States Postal Service,” Judge Harris wrote.
Kuhni & Sons’ altercation went all the way to the Utah Cloister of Appeals, which sided with the company. Speaking for the three-judge console in his ruling, Judge Harris accustomed Kuhni’s altercation is a abstruse one — but they are not wrong, he wrote.
“Because we are abiding that the appellation ‘certified mail,’ as acclimated in the accordant statute, encompasses alone items beatific via certified mail through the United States Postal Service, we authority that the Accompaniment did not appropriately serve Kuhni aback it beatific the Commendation to Kuhni via FedEx,” the cardinal states.
The Utah Cloister of Appeals beatific the case aback to the Utah Labor Commission’s Appeals Board for consideration.
Read the cardinal here:
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