SC Administrative Law Court Decisions

This matter is before the Administrative Law Court (ALC) pursuant to the appeal of Haley S. Pardee. On November 20, 2007, the South Carolina Division of Motor Vehicle Hearings served on the parties in this matter an order sustaining the suspension of Appellant’s driving privileges for driving under the influence. Appellant then filed a notice of appeal with the ALC on December 14, 2007, and the appeal was assigned to me on February 5, 2008. The Record on Appeal was filed with the ALC on April 10, 2008. Pursuant to ALC Rule 37(A), Appellant was required to file a brief with respect to this appeal within thirty (30) days after the filing of the Record on Appeal. As of the date of this Order of Dismissal, Appellant’s brief has not been received by the ALC.

Pursuant to ALC Rule 38, an Administrative Law Judge may dismiss an appeal for failure to comply with the rules of procedure for appeals, including the failure to comply with any time limits set forth in the rules of procedure for appeals. Appellant’s delay is well beyond the time period set forth in ALC Rule 37(A). Because Appellant has been afforded ample time to file her brief and has not notified the ALC of any extenuating circumstances regarding her failure to file, I conclude that this matter should be dismissed.