UC - appeal - time - no postmark
Appeal dismissed as untimely where the
- envelope was not postmarked
- appeal was received at UCBR one day beyond appeal deadline.
Relevant statute is 43 PS sec. 821(e), which makes a determination final, unless an appeal is filed “within fifteen calendar days after” service of the notice of determination. The relevant regulation, 34 Pa. Code 101.82(b)(1), makes the appeal date the date of receipt at the Board, if the appeal is filed by US Mail and the envelope does not bear any postmark.
The court said that it “appreciate[d] the logic of the Claimant’s argument”* that the appeal must have been mailed on or before the 15th day, since it was received by the UCBR on the 16th day, but that it had to follow the regulation, citing cases.
* Cold comfort.
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