SALT LAKE CITY — The state appeals court has overturned a ruling against a Juab County company because the Labor Commission sent a notice of violation via FedEx and not U.S. Postal Service.
In a ruling published Saturday night, the Utah Court of Appeals declared that you can’t call it “certified mail” unless you send it through the postal service.
The case centers around a 2016 safety violation citation issued to John Kuhni & Sons, an animal rendering plant near Levan, in central Utah. On Feb. 23, 2016, the Utah Labor Commission sent the citation to Kuhni & Sons via FedEx, the ruling states.
“There is no dispute that FedEx successfully delivered the Citation to Kuhni; indeed, one of Kuhni’s employees signed a receipt acknowledging delivery of the Citation on February 25, 2016, at 11:54 a.m,” Judge Ryan Harris wrote.
“Because we are persuaded that the term ‘certified mail,’ as used in the relevant statute, encompasses only items sent via certified mail through the United States Postal Service, we hold that the State did not properly serve Kuhni when it sent the Citation to Kuhni via FedEx,” the ruling states.