ORDERS:
ORDER OF DISMISSAL
Pursuant
to ALC Rule 37, Appellant Deniene Coats (Appellant) was required to file an
appellate brief in the above-referenced appeal with this Court “within thirty (30)
days after the filing of the Record on Appeal.” ALC Rule 37(A). The South
Carolina Budget and Control Board, Employee Insurance Program (Board) filed the
Record on Appeal on June 26, 2008. However, to date (November 6, 2008), Appellant
has not filed an appellate brief in this matter. Because the Appellant has
failed to timely file an appellate brief, this appeal is hereby dismissed
pursuant to ALC Rule 38. ALC 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.
ALC Rule 38.
By
virtue of its request for an appeal, the Appellant had an obligation to advance
its position, and was given ample time to do so. Nonetheless, Appellant failed
to file an appellate brief in support of its appeal. This case must,
therefore, be dismissed.
IT
IS HEREBY ORDERED that the above-referenced appeal is hereby DISMISSED
WITH PREJUDICE.
AND
IT IS SO ORDERED.
______________________________________
JOHN D. MCLEOD
Administrative
Law Judge
November 6, 2008
Columbia, South Carolina
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