John Kuhni & Sons Inc. v. Labor Comm'n
414 P.3d 952
Utah Ct. App.2018Background
- On Feb 22–23, 2016 the Utah Occupational Safety and Health Division issued a Citation to John Kuhni & Sons, Inc. and sent it to Kuhni via FedEx (return receipt requested); Kuhni signed for delivery on Feb 25, 2016.
- The Citation stated the employer has 30 days from receipt to notify the Division of Adjudication if it intends to contest the Citation; Utah Code § 34A-6-303(1)(a) requires the State to "notify the employer by certified mail."
- Kuhni did not notify the Division until June 6, 2016; the State moved to dismiss as untimely, asserting FedEx delivery started the 30-day clock.
- The Division and the Appeals Board agreed with the State and dismissed Kuhni’s objection as untimely; Kuhni appealed to the Utah Court of Appeals.
- The Court of Appeals held that "certified mail" means certified mail through the United States Postal Service, not private carriers like FedEx, and therefore the statutory 30-day period was not triggered by the FedEx delivery.
Issues
| Issue | Plaintiff's Argument (Kuhni) | Defendant's Argument (Labor Division) | Held |
|---|---|---|---|
| Whether "certified mail" in Utah Code § 34A-6-303(1)(a) includes private courier delivery (e.g., FedEx) | Statute requires USPS certified mail; FedEx does not satisfy statutory method, so 30-day period never began | Any delivery service providing proof of mailing/receipt (including FedEx) satisfies the statute and starts the 30-day clock | "Certified mail" means certified mail via the U.S. Postal Service; FedEx delivery did not comply so the 30-day period was not triggered |
Key Cases Cited
- Hughes Gen. Contractors, Inc. v. Utah Labor Comm’n, 322 P.3d 712 (Utah 2014) (standard of review for agency statutory interpretation)
- Leatherbury v. Greenspun, 939 A.2d 1284 (Del. 2007) ("certified mail" does not include Federal Express)
- W.A. Foote Mem’l Hosp. v. City of Jackson, 686 N.W.2d 9 (Mich. Ct. App. 2004) (plain meaning of "certified mail" refers to USPS, not private carriers)
- Nissan Div. of Nissan Motor Corp. v. Fred Anderson Nissan, 445 S.E.2d 600 (N.C. 1994) ("registered or certified mail" refers exclusively to U.S. Mail)