Genesis Roofing Company v. Tennessee Occupational Safety and Health Administration Review Commission

This appeal arises from a petition for judicial review under Tennessee Code Annotated § 4- 5-322 of a decision of the Tennessee Occupational Safety and Health Administration Review Commission (the “Review Commission”). Asserting that the petition was untimely because it had been filed more than 60 days after entry of the agency’s final order, the Review Commission filed a motion to dismiss for lack of subject-matter jurisdiction under Tennessee Rule of Civil Procedure 12.02(1). The petitioner opposed the motion by asking for an enlargement of time pursuant to Tennessee Rule of Civil Procedure 6.02. The trial court denied the petitioner’s motion for an enlargement of time and granted the Review Commission’s motion to dismiss. The petitioner appeals. Finding no error, we affirm.