South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Clarence Lashawn Tatum vs. SCDMV, et al

AGENCY:
South Carolina Department of Motor Vehicles

PARTIES:
Appellant:
Clarence Lashawn Tatum

Respondents:
South Carolina Department of Motor Vehicles and South Carolina Department of Public Safety
 
DOCKET NUMBER:
07-ALJ-21-506-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

This matter is currently pending before the South Carolina Administrative Law Court (ALC) pursuant to Clarence Lashawn Tatum’s (“Appellant”) Notice of Appeal which was filed on September 28, 2007. The Respondent South Carolina Department of Motor Vehicles (“Department”) filed a Motion to Dismiss on November 1, 2007. The Appellant responded to this Motion on November 13, 2007.

This Court has jurisdiction to hear this matter under ALC Rule 33. Rule 33 states that:

The notice of appeal from the final decision of an agency to be heard by the Administrative Law Court shall be filed with the Court and a copy served on each party and the agency whose final decision is the subject of the appeal within thirty (30) days of receipt of the decision from which the appeal is taken.

 

As set forth in ALC Rule 33, the Department must be served with a copy of the notice of appeal within thirty (30) days of the Appellant’s receipt of the final decision of the Department.


In this case, there is no evidence in the record that the Department was served with the Notice of Appeal within thirty (30) days of the Appellant’s receipt of the Department’s final decision. Appellant filed a Notice of Appeal with the ALC on September 28, 2007. The copy of the Record on Appeal sent by the Department of Motor Vehicle Hearing (“DMVH”) contains a copy of the actual notice and the certificate of service does not indicate that the Department was ever served with it. The Appellant argues that the Department had actual notice of the appeal because the appeal was sent to the Department of Public Safety and that because there was no prejudice to the Department, the case should not be dismissed. However, “Subject matter jurisdiction of the court depends on the authority granted to the court by the constitution and laws of the state.” Paschal v. Causey, 309 S.C. 206, 420 S.E.2d 863, 865 (Ct. App. 1992). The Department was not served with the notice of appeal within thirty (30) days, as required by ALC Rule 33. Therefore, the Appellant has not properly invoked the jurisdiction of this tribunal.

The Supreme Court has set forth that a court must dismiss an appeal where the Appellant fails to serve a party with the notice of appeal in a timely manner. See Southbridge Properties, Inc., v. Jones, 292 S.C. 198, 355 S.E.2d 535 (1987) (applying appellate court rules and dismissing the case for failure to serve a notice of intent to appeal in a timely manner); Mears v. Mears, 287 S.C. 168, 337 S.E.2d 206 (1985) (applying appellate court rules and finding lack of jurisdiction for failure to serve a notice of appeal in a timely manner). Additionally it is well established that a court does not have the authority to extend the time for taking an appeal from a decision of a state agency. E.g. Mears v. Mears, 287 S.C. 168, 337 S.E.2d 206 (1985); Burnette v. S.C. Highway Dep’t, 252 S.C. 568, 167 S.E.2d 571 (1969). This tribunal recognizes the harsh result of this decision but is constrained by the rules and legal precedent in this State. See McClain v. Ingram, 314 S.C. 359, 444 S.E.2d 512 (1994).


Because Appellant failed to serve his Notice of Appeal on the Department, this court does not have jurisdiction to hear this matter. Therefore, this case must be dismissed.

It is hereby ORDERED that the Respondent’s Motion to Dismiss is GRANTED.

 

AND IT IS SO ORDERED.

 

 

 

______________________________________

CAROLYN C. MATTHEWS

Administrative Law Judge

 

January 29, 2008

Columbia, South Carolina

 

 


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