ORDERS:
ORDER OF DISMISSAL
This
matter is before me on the appeal of Elaine Burgess (Appellant) filed on February
26, 2007. On April 23, 2007, the Department of Social Services filed the
Record on Appeal. The Brief of Appellant was due fifteen (15) days after the
Record was filed. A letter was sent to Appellant on May 15, 2007, notifying
her that her Brief was late and to protect her interest, she must file a Brief
within five (5) days of the date of the letter. On May 21, 2007, the letter
was returned to this office, with the envelope stating that it was not
deliverable as addressed. The Appellant has not provided any other address for
this Court to correspond with her. As of the date of this Order of Dismissal,
the Appellant’s Brief has not been received.
Pursuant
to ALC Rule 38, an Administrative Law Judge may dismiss an appeal for failure
to comply with the rules of procedure for appeals or for failure to comply with
any time limits set forth in an appeal. This delay is well beyond the time
period set forth in the Rules of Procedure for the Administrative Law Court.
As the Appellant has been afforded ample time to file her Brief and has not
notified the ALC of any extenuating circumstances regarding failure to file the
Appellant’s Brief, I conclude that this matter should be dismissed sua sponte.
IT
IS THEREFORE ORDERED that this appeal is DISMISSED.
AND
IT IS SO ORDERED.
______________________________
Ralph King Anderson, III
Administrative Law Judge
May 21, 2007
Columbia, South Carolina
|
