Texas Employment Commission v. Ortiz, 1344

• Decision Date: 02 November 1978
• Docket Number: No. 1344,1344
• Citation: 574 S.W.2d 213
• Parties: TEXAS EMPLOYMENT COMMISSION, Appellant, v. Felipe C. ORTIZ, Appellee.
• Court: Texas Court of Appeals

Page 213

574 S.W.2d 213

TEXAS EMPLOYMENT COMMISSION, Appellant, v. Felipe C. ORTIZ, Appellee.

No. 1344.

Court of Civil Appeals of Texas, Corpus Christi.

Nov. 2, 1978.

Myra A. McDaniel, Asst. Atty. Gen., Austin, for appellant.

Pedro P. Garcia, Corpus Christi, for appellee.

OPINION

BISSETT, Justice.

This appeal arises in an unemployment compensation case. On January 26, 1977, the Texas Employment Commission ruled adversely to Felipe C. Ortiz, a claimant before the Commission. The latter appealed to the County Court at Law of Nueces County, Texas. Following a hearing before the court, judgment was rendered which vacated the decision of the Commission and ordered the Commission to hold a hearing on the merits of the claim asserted by Felipe C. Ortiz. The Commission has appealed. We reverse and render.

The controlling question before us is whether the "Appeal Tribunal" of the Commission had jurisdiction to rule on the merits of the claim asserted by Felipe C. Ortiz. We answer that question in the negative.

Tex.Rev.Civ.Stat.Ann. art. 5221b-4(b) (1971), in pertinent part, reads:

"Unless the claimant . . . to which the copy of the determination is mailed files an appeal from such determination within twelve (12) calendar days after such copy of the determination is mailed to his or its last known address as reflected by the Commission's records, such determination shall be final for all purposes . . ."

It is contended by the Commission that neither it nor its "Appeal Tribunal" had jurisdiction to hear the appeal of the claim on its merits because the appeal from the "Examiner" to the "Appeal Tribunal" was not filed within the statutory time limitation period.

Ortiz began receiving unemployment insurance checks from the Commission in December, 1975. Payments were made until August 1, 1976. He was mailed a "Notice of Claim Determination" from the Commission's Insurance Department, the "Examiner" in this case, on August 23, 1976, wherein he was advised that he was no longer eligible to receive unemployment insurance benefits, "beginning June 20, 1976." Ortiz did not appeal from that ruling by the Examiner.

The "Examiner" mailed a "Determination Letter" to Ortiz on September 22, 1976. That fact was admitted by Ortiz. The letter was addressed:

"Felipe C. Ortiz

503 N. Buena Vista

Robstown, Texas 78380."

That address was the claimant's last known address as reflected by the Commission's records. The letter advised Ortiz that he had been overpaid unemployment insurance benefits in the amount of $378.00 as a result of payments made to him before it was determined by the "Examiner" that his ineligibility for benefits commenced June 20, 1976. Demand was made on him for the return of the $378.00 overpayment. Ortiz appealed that ruling on October 7, 1976. The "Appeal Tribunal" affirmed the ruling made by the Examiner and stated in its decision:

"It is here determined that the claimant did not file a timely appeal from the overpayment determination dated September 22, 1976. This Tribunal, therefore, has no jurisdiction to rule on the merits of the case. The determination dated September 22, 1976, will remain in full force and effect."

Ortiz timely appealed the decision by the "Appeal Tribunal" to the Commission, which affirmed the decision, and, in doing so, stated in its decision:

"The Commission has considered the appeal filed by the claimant from the Appeal Tribunal decision identified above and, after due consideration of the decision and the complete record herein, is of the opinion that the case was properly decided by the Appeal Tribunal . . ."

Unquestionably, the Commission, an administrative body, has the power and authority to determine for itself whether it has jurisdiction of the matter before it. Security State Bank of San Juan, 169 S.W.2d 554 (Tex.Civ.App. Austin 1943, writ ref'd w. o. m.); 73 C.J.S. Public Administrative Bodies and Procedure § 116.

It is undisputed that the appeal to the "Appeal Tribunal" on October 7, 1976, was filed 15 days after the mailing of the Determination Letter, dated September 22, 1976. This is 3 days beyond the time for such an appeal. The time within which to appeal a ruling made by the "Examiner" to the "Appeal Tribunal" is expressly limited by the statute (Art. 5221b-4(b)) to 12 days. That limitation period comes under the accepted rule that statutory proceedings are strictly governed by the statute of their creation. Texas Employment Commission v. International U. of E., R. & M. Wkrs., 163 Tex. 135, 352 S.W.2d 252 (1961).

It is an established rule of long standing in this State that when a statute requires that an act be done within a certain specified time, that period of time...