ORDERS:
ORDER OF DISMISSAL
This
matter is before me on the appeal of Meredith Harper (Appellant) filed on May
23, 2008. On July 22, 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. The Appellant requested, and was granted, an additional
thirty (30) days in which to file her Brief. However, 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 given a
thirty day extension from October 3, 2008, 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
January 5, 2008
Columbia, South Carolina
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