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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
David Bethea vs. SCDSS

AGENCY:
South Carolina Department of Social Services

PARTIES:
Appellant:
David Bethea

Respondents:
South Carolina Department of Social Services
 
DOCKET NUMBER:
07-ALJ-18-0632-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

This matter is before the South Carolina Administrative Law Court (“ALC”) pursuant to the Notice of Appeal filed December 5, 2007 by Appellant David Bethea (“Bethea”). Pursuant to ALC Rule 37(A), Bethea was required to file an appellate brief in the above-captioned matter with this court and to serve all parties with the same “within thirty (30) days after the filing of the Record on Appeal.” ALC Rule 37(A). The Record on Appeal was filed on February 11, 2008, and Bethea’s brief was due within thirty days thereafter. The court further observes that on February 12, 2008, Bethea was served with this court’s Order Setting Forth Appellate Procedures in Cases with Pro se Parties, which explained the ALC Rules of Procedure applicable to this case and the Appellant’s obligation to file a brief thereunder. However, to date, the Appellant has not filed an appellate brief in this matter.

Because Bethea 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 his request for an appeal, the Appellant had an obligation to advance his position, and he 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 15, 2008

Columbia, South Carolina


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