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Decision Number
205
Book
21
Month
October
Year
2002
In RE
Michael Cooper II
Appellant
Michael Cooper
Appellee
Iowa High School Athletic Association
Full Text
Summary

Dismissal of the appeal was filed on September 25, 2002, citing that the appeal was submitted beyond the 10-day deadline and that the appeal was not in the form of an affidavit. On October 2, 2002, Appellant sent a letter which was treated as a Motion for Rehearing.

Before the Board of Control, Appellant requested an additional year of eligibility for his son, Michael. Michael was a 5th year senior. The Board of Control denied the request and a ruling was prepared on September 4, 2002, by the Executive Director. Appellant sent a letter which was postmarked on September 23, 2002, 9 days after the deadline. A notary had not signed this letter and the appeal was not in the form of an affidavit.

Mr. Cooper was aware of the requirement and had been given a copy of the rule by the IHSAA and was reminded by an employee of the Department of this requirement. The postmark of Mr. Cooper's appeal dated September 10, 2002 is September 23, 2002. This is beyond the 10-day deadline.

As noted in the Dismissal, appeal deadlines are mandatory and jurisdictional. Foley v. Iowa Dept. of Transportation, Motor Vehicle Div., 362 NW2d 208, 210 (Iowa 1985).

The appeal was denied