ORDERS:
ORDER OF DISMISSAL
Pursuant
to ALC Rule 37, Petitioner was required to file an appellate brief in the
above-referenced appeal with this Court “within thirty (30) days after the
filing of the Record on Appeal.” ALC Rule 37(A). The Department of Health and
Human Services filed the Record on Appeal, along with the transcript of the
hearing, on December 18, 2007. However, to date (May 27, 2008), Petitioner has
not filed an appellate brief in this matter. Because Petitioner has failed to
timely file an appellate brief, this appeal is hereby dismissed pursuant to ALC
Rule 38. ALC Rule 38 provides that:
Upon 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
(Rev. 2007).
By
virtue of its request for an appeal, Petitioner had an obligation to advance its
position, and was given ample time to do so. Nevertheless, Petitioner failed
to file an appellate brief in support of its appeal. This case must,
therefore, be dismissed.
IT
IS HEREBY ORDERED that the above-referenced appeal is hereby DISMISSED
WITH PREJUDICE.
AND
IT IS SO ORDERED.
______________________________________
JOHN D. MCLEOD,
Judge
May 27, 2008 Administrative
Law Court
Columbia, South Carolina
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