South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDMV vs. David Townley Michel

AGENCY:
South Carolina Department of Motor Vehicles

PARTIES:
Appellant:
South Carolina Department of Motor Vehicles

Respondents:
David Townley Michel
 
DOCKET NUMBER:
06-ALJ-21-0759-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

This matter is before me on the appeal of the Department of Motor Vehicles (Appellant). The Brief of Appellant was due fifteen (15) days from the date of receipt of the Record on Appeal. The completed Record was filed November 2, 2006. On November 13, 2006, Appellant requested an extension of time to file their Brief. A thirty (30) day extension was granted on November 16, 2006. However, as of the date of this Order of Dismissal, the Appellant’s Brief has not been received.  Administrative Law Court 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.   

As the Appellant has been afforded ample time to file its Brief and has not notified the ALC of any extenuating circumstances regarding its failure to file, I conclude that this matter should be dismissed sua sponte.

            IT IS THERFORE ORDERED that this case be DISMISSED.

AND IT IS SO ORDERED.

______________________________

Ralph King Anderson, III

Administrative Law Judge

January 4, 2007

Columbia, South Carolina


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