Appeal timely filed within thirty days of date on denial letter.

Topic: Environmental Law, Decided by: Judge Malihi 
Docket Number: 1417598 , Decision Date: January 17, 2014 
Attachment: Click here to download the decision. 

State improperly dismissed Petitioner’s appeal as untimely.  Petitioner filed the appeal within thirty days of the date on the face of the letter but more than thirty days after receiving it in the mail.  Petitioner was entitled to rely on the date of letter as the date of issuance.  Under the facts of the case, the date of the letter was considered the date of mailing.

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