ORDERS:
ORDER OF DISMISSAL
This
matter is before the South Carolina Administrative Law Court (“ALC”) pursuant
to the Notice of Appeal filed November 28, 2006 by Appellant Linda G. Hudson (“Hudson”). Pursuant to ALC Rule 37(A), Appellant was required to file an
appellate brief in the above-captioned matter with this court and to serve all
parties with the same “within fifteen (15) days after receipt of the Record on
Appeal.” ALC Rule 37(A). The Record on Appeal was filed on December 28 , 2006, which would have made Hudson’s brief due on January 12, 2007. However, to date, Hudson has not filed an appellate brief in this matter. Because Hudson has failed to timely file an appellate brief, this case is hereby dismissed
pursuant to ALC Rule 38. ALC Rule 38 provides that “[u]pon 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 (emphasis added).
By
virtue of her request for an appeal, Hudson had an obligation to advance her
position, and she was given ample time to do so. Nonetheless, Hudson failed to file an appellate brief in support of her appeal. This case must
therefore be dismissed. It is therefore
ORDERED that this appeal is DISMISSED.
IT
IS SO ORDERED.
______________________________
PAIGE J. GOSSETT
Administrative Law Judge
May 8, 2007
Columbia, South Carolina |
