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SC Administrative Law Court Decisions

CAPTION:
Emma W. Datko vs. SCDHHS

AGENCY:
South Carolina Department of Health and Human Services

PARTIES:
Petitioners:
Emma W. Datko

Respondents:
South Carolina Department of Health and Human Services
 
DOCKET NUMBER:
07-ALJ-08-0571-AP

APPEARANCES:
n/a
 

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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