Cummins v. Arizona Department of Economic Security

I respectfully dissent. While there frequently is a temptation to make an exception to, or stretch the meaning of a rule when the infraction is small and without manifest guile, it is not the province of this court to so act. In this case, the record is uncontradicted that the petitioner knew that the last day she had to mail her request for review was August 16, 1994. Indeed, she placed the envelope containing the filing, correctly stamped and addressed, into a Yuma Post Office receptacle on that date. However, she placed the envelope in the mail slot at the post office at 8:00 p.m., a full…