Questão jurídica principal
Whether the administrative appeal was timely despite alleged failure to decide.
Decisão extraída
The complaint was filed too late because the Department's decision had already been issued and was deemed served after the uncollected postal notice period.
Fundamentação extraída
The Department had decided the matter on 2002-09-30; the decision was returned unclaimed after the seven-day pickup period, so service was deemed completed and the federal complaint was late.