ORDERS:
ORDER OF DISMISSAL
Administrative Law
Court Rule 33 (D) provides that a Notice of Appeal shall contain a copy of the
request for a transcript. Here, the Department did not comply with that
Rule. On April 18, 2006, this Court sent a letter to the Department of
Motor Vehicle Hearings requesting that they inform the Court as to the date in
which Appellant requested a transcript. The Department of Motor Vehicle
Hearings replied stating that no such request had been made. Afterwards, the
Department made a Motion for Leave to file a request for a transcript. Though
the Department failed to properly file its Notice of Appeal with the ALC, this
Court, nevertheless, issued an order granting that request and requiring that
the Department request a transcript from the Department of Motor Vehicle
Hearings within five (5) days of the date of the Order. However, as of
this date, the ALC still has not received any copy of a request for transcript
from the Department. 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.
The Department failed to originally
comply with Rule 33(D) and failed to comply with the specific terms of the
above Order granting it latitude in complying with the requisites of Rule 33(D).
Therefore,
IT IS HEREBY ORDERED that this case be DISMISSED.
______________________________
Ralph
King Anderson, III
Administrative
Law Judge
May 19, 2006
Columbia, South Carolina |
