ORDERS:
ORDER OF DISMISSAL
Pursuant to ALC Rule 37, Appellant South Carolina Department of Motor
Vehicles (Department) was required to file an appellate brief in the
above-referenced appeal with this Court “within fifteen (15) days after receipt
of the Record on Appeal.” ALC Rule 37(A). The Division of Motor Vehicle
Hearings filed the Record on Appeal, along with the transcript of the hearing
below, on June 9, 2006. However, to date, the Department has not filed an
appellate brief in this matter. Because the Department has failed to timely
file an appellate brief, this appeal is hereby dismissed pursuant to ALC Rule
38. ALC Rule 38 provides that:
Upon motion of
any party, or on its own motion, an administrative law judge may dismiss an
appeal for failure to comply with any of the rules of procedure for appeals, including
the failure to comply with any of the time limits provided by this section.
ALC Rule 38.
By
virtue of its request for an appeal, the Department had an obligation to
advance its position, and the Department was given ample time to do so.
Nonetheless, the Department failed to file an appellate brief in support of its
appeal. This case must, therefore, be dismissed. “There is a limit beyond
which the court should not allow a litigant to consume the time of the court…” Georganne Apparel, Inc. v. Todd, 303, S.C. 87, 92, 399 S.E.2d 16, 19
(Ct. App. 1990).
IT IS HEREBY ORDERED that the above-referenced appeal is hereby DISMISSED
WITH PREJUDICE.
AND IT IS SO ORDERED.
______________________________________
JOHN D.
MCLEOD
Administrative
Law Judge
October 17, 2006
Columbia, South Carolina
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