ORDERS:
ORDER OF DISMISSAL
This
matter is before me on the appeal of Dewey and Brenda Greene, d/b/a Mary’s
Learning Center (Appellants) filed on September 17, 2008. On November 18, 2008,
the Department of Social Services filed the Record on Appeal. The Brief of
Appellant was due thirty (30) days after the Record was filed. A letter was
sent to Appellants on January 6, 2009, notifying them that their Brief was late
and to protect their interest, they must file a Brief within ten (10) days of
the date of the letter. 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 Appellants have been afforded ample time to file their Brief and have
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
February 3, 2009
Columbia, South Carolina
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