Craig Robinson and Ronnie Tucker v. Director, Arkansas Department of Workforce Services

2021 Ark. App. 443

• Court: Court of Appeals of Arkansas
• Decided: November 10, 2021
• Status: Published

Opinion

Cite as 2021 Ark. App. 443 Elizabeth Perry ARKANSAS COURT OF APPEALS I attest to the accuracy and EN BANC integrity of this document Nos. E-21-572; E-21-573; E-21-574 2023.07.14 11:49:45 -05'00' 2023.003.20244 Opinion Delivered November 10, 2021

CRAIG ROBINSON AND RONNIE TUCKER APPEAL FROM THE ARKANSAS APPELLANTS BOARD OF REVIEW [NOS. 2021-BR-02227; 2021-BR- 02228; 2021-BR-02080] V.

DIRECTOR, ARKANSAS MOTIONS FOR RULE ON CLERK DEPARTMENT OF WORKFORCE SERVICES APPELLEE GRANTED

PER CURIAM

In each of the three referenced unemployment cases, our clerk rejected the appeal

for perceived untimeliness of the respective claimant-appellant’s petition for review. The

appellants now seek orders allowing their petitions for review to be filed in this court. We

treat the motions as motions for rule on the clerk and grant them.

A party entitled to a decision by the Arkansas Board of Review “shall have thirty

(30) calendar days from the date the decision is mailed” to him within which to request

judicial review by this court. Ark. Code Ann. § 11-10-529(a)(1)(A) (Supp. 2021). The

petition for review can be filed in person at our clerk’s office or by mail. “If mailed, a

petition for review shall be considered filed as of the date of the postmark on the envelope.”

Ark. Code Ann. § 11-10-529(a)(1)(B). Here, all three of the Board’s decisions were mailed on August 6, 2021. The thirtieth

day thereafter was September 5. In each case, the appellant’s petition for judicial review was

mailed to this court, and each bore a postmark of September 7, the thirty-second day after

the Board’s decisions were mailed to the appellants. As the appellants point out, however,

September 5 was a Sunday, and September 6 was Labor Day.

We note that our clerk’s office was closed to in-person business on September 5 and

6 and that the United States Postal Service does not postmark mail on Sundays or federal

holidays, such as Labor Day. Therefore, we hold that the appellants’ petitions for review

were timely filed on the next business day, and we grant the motions for rule on the clerk

and order the appeals to be filed. To do otherwise would be to deny the appellants the full

thirty-day period for action granted them by section 11-10-529.

Mercer Law Group, by: Justin G. Mercer, for separate appellant Craig Robinson.

Thurman & Flanagin, by: Chris Flanagin, for separate appellant Ronnie K. Tucker.

Cynthia L. Uhrynowycz, Associate General Counsel, for appellee.