ORDERS:
ORDER OF DISMISSAL
On July 13, 1999, an ORDER was issued requiring the agency in possession of the Record to file and serve the Record on
Appeal on or before August 13, 1999. Further, the Appellant was ordered to file and serve his Brief within fifteen (15) days
thereafter and Respondent was ordered to file its Brief within fifteen (15) days of the filing of Appellant's Brief.
On August 12, 1999, the agency requested an extension of time in which to file the Record on Appeal. The request was
granted resulting in an Order requiring the filing and serving of the Record on Appeal by August 27,1999.
On September 20, 1997, Appellant informed the Administrative Law Judge that he had not yet filed a brief since he had not
received a copy of the Record. To this allegation, Respondent explained that a copy of the Record was mailed to Appellant
on August 27, 1999 by certified mail but that the postal record demonstrates the Appellant never claimed the mailing. Thus,
the material was returned to the Respondent on September 13, 1999.
Accordingly, Respondent was directed to mail the Record a second time but this time to a new address with that address
having been provided by Appellant. The Record was mailed to the new address and no indication exists that the Record was
not received by Appellant.
On September 22, 1999, an ORDER was issued directing the Appellant to file his Brief of Appellant by October 1, 1999.
No indication exists that the Appellant failed to receive the September 22, 1999 order.
As of the close of business on October 12, 1999, Appellant's Brief had not been received. Thus, Appellant has failed to
comply with the September 22, 1999 Order. Upon a party's failure to comply with the time limits imposed in an appeal, the
Administrative Law Judge may dismiss the appeal. ALJD Rule 38. Therefore, IT IS ORDERED:
Due to the Appellant's failure to comply with the time limitations for filing of an Appellant Brief, the Appellant's appeal is
dismissed and this matter is ended.
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
This 13th day of October, 1999
Columbia, South Carolina |
