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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
William J. Griggs vs. SCDHHS

AGENCY:
South Carolina Department of Health and Human Services

PARTIES:
Appellant:
William J. Griggs

Respondents:
South Carolina Department of Health and Human Services
 
DOCKET NUMBER:
07-ALJ-08-0558-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

STATEMENT OF THE CASE

This matter comes before the Administrative Law Court (ALC or Court) pursuant to the filing of a Notice of Appeal by William J. Griggs (Appellant). Appellant seeks review of a decision issued by the South Carolina Department of Health and Human Services (Department) dated July 6, 2007. The Department filed a Motion to Dismiss on November 9, 2007, asserting that the Court lacks jurisdiction in this appeal because the Appellant failed to timely file the Notice of Appeal.

DISCUSSION

According to ALC Rule 33, the Notice of Appeal must be filed with the Court within thirty (30) days of receipt of the decision from which the appeal is taken. In this case, the Appellant received the final decision on July 14, 2007. The Notice of Appeal, therefore, was due within thirty (30) days of that date. The Appellant, however, did not file his appeal until September 27, 2007. ALC Rule 38 provides “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.” Pursuant to this rule, the undersigned can dismiss this case for failure to timely file a Notice of Appeal as required by ALC Rule 38.


Furthermore, the failure to timely file a Notice of Appeal deprives a court of appellate jurisdiction. See Elam v. S.C Department of Transportation, 361 S.C. 9, 15, 602 S.E. 2d 772, 775 (2004) (“The requirement of service of the notice of appeal is jurisdictional, i.e., if a party misses the deadline, the appellate court lacks jurisdiction to consider the appeal and has no authority or discretion to ‘rescue’ the delinquent party by extending or ignoring the deadline for service of the notice.”); Dewitt v. South Carolina Dep’t of Highways & Pub. Transp., 274 S.C. 184, 262 S.E.2d 28 (1980) (a circuit court’s jurisdiction over a magistrate’s decision is appellate in nature and a circuit court does not have the right to extend the time within which an appeal may be taken from the magistrate’s decision).

Although the Notice of Appeal in this case was due within thirty (30) days of July 14, 2007, the Appellant did not file it until September 27, 2007. The Court, therefore, lacks jurisdiction over this matter.

IT IS HEREBY ORDERED that the Appellant’s appeal is DISMISSED, WITH PREJUDICE.

AND IT IS SO ORDERED.

_______________________________

John D. McLeod

Administrative Law Judge

January 3, 2008

Columbia, South Carolina


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