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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Elwood and Tammy Stapleton vs. SCDSS

AGENCY:
South Carolina Department of Social Services

PARTIES:
Appellant:
Elwood and Tammy Stapleton

Respondents:
South Carolina Department of Social Services
 
DOCKET NUMBER:
07-ALJ-18-0329-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

This matter is before me on the appeal of Elwood and Tammy Stapleton (Appellants) filed on July 2, 2007. On August 8, 2007, the Department of Social Services filed the Record on Appeal. The Brief of Appellant was due thirty (30) days after the Record was filed. A letter was sent to Appellants on September 20, 2007, notifying them that their Brief was late and to protect their interest, they must file a Brief within ten (10) days of the date of the letter. 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 Appellants have been afforded ample time to file their Brief and have 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

October 11, 2007

Columbia, South Carolina


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