This matter is before the undersigned judge based on a Notice of Appeal which was filed with this Court on August 5, 2008. On October 24, 2008, a Record on Appeal was filed by Respondent. On December 19, 2008, the Brief of Respondent was filed with this Court. The Appellant never filed a Brief with this Court. The Appellant was reminded by letter dated May 18, 2009, to file a brief with the Court within 10 days of the date of the letter. Appellant again failed to file a brief. Therefore, Appellant is in violation with ALC Rule 37 which requires the Appellant to file its brief within thirty days after the Record on Appeal is filed.
Under ALC Rule 38, “…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.”
It appearing that the Appellant has defaulted in this matter, this case is hereby DISMISSED.
AND IT IS SO ORDERED.
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CAROLYN C. MATTHEWS
Administrative Law Judge
June 2, 2009
Columbia, South Carolina
