ORDERS:
ORDER OF DISMISSAL
This
matter is before the South Carolina Administrative Law Court (“ALC”) pursuant
to the Notice of Appeal filed January 4, 2007 by Appellant Little Busy Body’s Daycare. On April 9, 2007, Respondent South Carolina Department of Social Services
filed a Motion to Dismiss due to Appellant’s failure to file an appellate brief
in accordance with ALC Rule 37(A). 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 February 23, 2007, which would have made the Appellant’s Brief due on March 12, 2007. To date, the Appellant has not filed a response to the Respondent’s motion or filed
an appellate brief in this matter.
Because
the Appellant 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. By virtue of its request for an appeal, the Appellant
had an obligation to advance its position, and it was given ample time to do
so.
Accordingly,
it is
ORDERED that this appeal is DISMISSED.
IT
IS SO ORDERED.
_____________________________
PAIGE J. GOSSETT
Administrative Law Judge
May 3, 2007
Columbia, South Carolina
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