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Respondent's Motion to Dismiss for Lack of Jurisdiction was allowed as appeal was not timely filed.
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Case dismissed for failure timely to appeal. Case is also precluded by collateral estoppel.
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Petitioner failed to enroll in RetirementPlus on or before June 30, 2001. Board's decision not to process her application affirmed as neither DALA nor CRAB has the power to waive the deadline specified in the statute.
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Holds that date of receipt of decision appealed from starts appeal period; post-mark date for appeal filed by U.S. Mail is date of filing with CRAB; proceeds of sale of a close corporation owned by petitioner is earned income for purposes of Sec. 91A; retained earnings of a close corporation owned by the petitioner are not earned income for purposes of Sec. 91A; and allocated rental income from rental of equipment to close corporation owned by petitioner is earned income for purposes of Sec. 91A.
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CRAB denied jurisdiction on the basis of an untimely appeal filed by the Petitioner who wished to appeal the denial by DALA of his request to participate in the RetirementPlus Program.
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CRAB denied jurisdiction on the basis of an untimely appeal because the Petitioner did not file an appeal within fifteen days of receiving notice of the Retirement Board's decision.
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CRAB denied jurisdiction on the basis of an untimely appeal filed by the Petitioner who wished to appeal the denial by DALA of his request to participate in the RetirementPlus Program.
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Petitioner failed to show good cause why his objections to the decision of DALA should not be dismissed based on his failure to submit copies of the exhibits.
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CRAB denied jurisdiction on the basis of an untimely appeal filed by the Petitioner who wished to appeal the denial by DALA of his request to participate in the RetirementPlus Program.
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The Petitioner is not entitled to participate in the RetirementPlus Program as he did not meet the statutory deadline of July 1, 2001 for submission of his enrollment form.