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.
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. 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
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