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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