ORDERS:
ORDER OF DISMISSAL
Rule 37 (A) of the
Rules of Procedure for the Administrative Law Court requires that the party
first noticing the appeal shall file an original and two copies of its Brief
within thirty (30) days after receipt of the Record on Appeal. The Record on
Appeal was filed December 30, 2008. As of this date, the ALC has not
received a Brief in this case. 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 Administrative Law Court.
As the Appellant has been afforded ample time to file his Brief, was notified
via letter dated February 19, 2009 that his Brief was late, and has not
notified the ALC of any extenuating circumstances regarding his failure to
file, I conclude that this matter should be dismissed sua sponte.
IT IS HEREBY ORDERED that this appeal be DISMISSED.
AND IT IS SO ORDERED.
______________________________
Ralph
King Anderson, III
Administrative
Law Judge
April 1, 2009
Columbia, South Carolina
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