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John Kuhni & Sons v. Labor Comm’n, 2018 UT App 6 (Jan. 5, 2018).

Jan 5, 2018

The Labor Commission issued a notice of violation of regulations to the plaintiff by sending the notice via FedEx with return receipt requested.  The plaintiff argued the use of FedEx rendered the notice insufficient to trigger the applicable thirty-day statute of limitations, as the Utah Occupational Safety and Health Act expressly stated the notice must be sent by certified mail. The Court of Appeals agreed, holding the legislature intended the term “certified mail” to refer only to items sent via certified mail through the United States Postal Service, and that service by FedEx was therefore insufficient.