ORDERS:
ORDER OF DISMISSAL
This case is before the
Administrative Law Court (ALC or Court) pursuant to a Notice of Appeal filed
by Appellant Richard Darrin Blankenship challenging a decision by the South
Carolina Division of Motor Vehicle Hearings (DMVH) to deny Mr. Blankenship an
administrative hearing regarding the suspension of his driver’s license. Mr.
Blankenship’s driver’s license was suspended by the South Carolina Department
of Motor Vehicles pursuant to S.C. Code Ann. § 56-5-2990 (2006). His
suspension began on May 4, 2007 and ended on May 4, 2008.
According to ALC Rule
37(A), “[t]he party first noticing the appeal shall file an original and two
copies of its brief within thirty (30) days after the filing of the Record on
Appeal.” In a letter filed with this Court on October 2, 2007, Yolanda Thornton, the Administrative Coordinator of the DMVH, stated that, since this matter
“did not come through” the DMVH, the DMVH did not have a Record to send to this
Court. However, as of the date hereof, Mr. Blankenship has not yet filed a brief
with this Court. Administrative Law Court Rule 38 provides that:
Upon motion of any party, or on its own motion, 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.
This delay is well beyond the time
period set forth in the Rules of Procedure for the ALC. As Mr. Blankenship has
been afforded ample time to file his brief and has not notified the ALC of any
extenuating circumstances regarding his failure to file, I conclude that this
matter should be dismissed.
IT IS HEREBY ORDERED that this appeal be DISMISSED.
AND IT IS SO ORDERED.
______________________________
Ralph
King Anderson, III
Administrative
Law Judge
September 30, 2008
Columbia, South Carolina
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