South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Terri M. Ayers vs. SCDHHS

AGENCY:
South Carolina Department of Health and Human Services

PARTIES:
Appellant:
Terri M. Ayers

Respondents:
South Carolina Department of Health and Human Services
 
DOCKET NUMBER:
08-ALJ-08-0212-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

This matter is before me on the appeal of Terri Ayers (Appellant) filed on April 26, 2008. On May 27, 2008, the Department of Health and Human Services filed the Record on Appeal. The Brief of Appellant was due thirty (30) days after the Record was filed. As of the date of this Order of Dismissal, the Appellant’s Brief has not been received.

Pursuant to ALC Rule 38, an Administrative Law Judge may dismiss an appeal for failure to comply with the rules of procedure for appeals or for failure to comply with any time limits set forth in an appeal. This delay is well beyond the time period set forth in the Rules of Procedure for the Administrative Law Court. As the Appellant has been afforded ample time to file her Brief, was notified via letter dated July 7, 2008 that the Appellant’s Brief was late, and has not notified the ALC of any extenuating circumstances regarding failure to file the Appellant’s Brief, I conclude that this matter should be dismissed sua sponte.

IT IS THEREFORE ORDERED that this appeal is dismissed.

AND IT IS SO ORDERED.

______________________________

Ralph King Anderson, III

Administrative Law Judge

July 30, 2008

Columbia, South Carolina


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