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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Inez’s Child Care Center and Linda Elliott vs. SCDSS

AGENCY:
South Carolina Department of Social Services

PARTIES:
Appellant:
Inez’s Child Care Center and Linda Elliott

Respondents:
South Carolina Department of Social Services
 
DOCKET NUMBER:
08-ALJ-18-0237-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

STATEMENT OF THE CASE

This matter comes before the Administrative Law Court (ALC or Court) pursuant to the appeal of Inez’s Child Care Center and Linda Elliott, filed on May 10, 2008. The Department filed a Motion to Dismiss on June 13, 2008, asserting that the Court lacks jurisdiction in this appeal because Appellant failed to timely file a Notice of Appeal.[1]

DISCUSSION

According to ALC Rule 33, the Notice of Appeal must be filed with the Court within thirty (30) days of receipt of the decision from which the appeal is taken. In this case, Appellant received the final decision on December 1, 2007. The Notice of Appeal, therefore, was due within thirty (30) days of that date. Appellant, however, did not file her appeal until May 10, 2008.[2] ALC Rule 38 provides “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.” Pursuant to this rule, the undersigned can dismiss this case for failure to timely file a Notice of Appeal as required by ALC Rule 33.


Furthermore, the failure to timely file a Notice of Appeal deprives a court of appellate jurisdiction. See Dewitt v. South Carolina Dep’t of Highways & Pub. Transp., 274 S.C. 184, 262 S.E.2d 28 (1980) (a circuit court’s jurisdiction over a magistrate’s decision is appellate in nature and a circuit court does not have the right to extend the time within which an appeal may be taken from the magistrate’s decision). Although the Notice of Appeal in this case was due within thirty (30) days of December 1, 2007, Appellant did not file it until May 10, 2008. The Court, therefore, lacks jurisdiction over this matter.

IT IS HEREBY ORDERED that Appellant’s appeal is DISMISSED.

AND IT IS SO ORDERED.

_______________________________

Ralph King Anderson, III

Administrative Law Judge

July 9, 2008

Columbia, South Carolina



[1] As of the date of this Order, this Court has not received a response from the Appellant regarding the Department’s Motion to Dismiss.

[2] On January 30, 2008, the clerk of the Administrative Law Court sent a Memorandum to the Appellant providing that the matter should be filed pursuant to ALC Rule 33. Appellant failed to comply with those requirements, therefore, the case was not assigned to a Judge and all documents that had been submitted were returned.


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