KEITH v. DEPARTMENT OF WORKFORCE SERVICES

PER CURIAM:

Kirsi-Marja Keith petitions for judicial review of a decision of the Workforce Appeals Board (the Board). This case is before the court on a sua sponte motion for summary disposition.

The Board issued its decision on a request for reconsideration, which constitutes a final agency action, on May 7, 2007. "A party shall file a petition for judicial review of final agency action within 30 days after the date that the order constituting the final agency action is issued." Utah Code Ann. § 63-46b-14(3)(a) (2004). Keith's petition for review was not filed in this court until July 3, 2007, fifty-seven days after issuance of the order constituting a final agency action.

Timely filing of a petition for review is jurisdictional. See Silva v. Department of Employment Sec., 786 P.2d 246, 247 (Utah Ct.App. 1990) (per curiam). Without timely filing of a petition for review, we lack jurisdiction to consider the merits of the petition. Because 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).

Accordingly, we dismiss the petition for lack of jurisdiction.