ORDERS:
ORDER DISMISSING APPEAL
This matter is before me on appeal of Appellant Albert Anders ("Appellant"), filed with the Administrative Law Judge Division
("ALJD") on May 3, 2000. The DOC moved to dismiss Appellant's claim under S. C. Rules of Civil Procedure 12(b)(1) for lack of
jurisdiction and Rule 12(b)(6) for failure of Appellant to state facts sufficient to constitute a cause of action.
The DOC filed a Motion to Dismiss with the ALJD on July 20, 2000, and swore by affidavit that Appellant was served a copy
of the motion. The ALJD issued an order on August 4, 2000, requiring a response from Appellant. Appellant had fifteen days from
the date of the order to respond. Appellant did not notify the ALJD of any extenuating circumstances regarding his failure to respond,
including any nonreceipt of the motion. Therefore, I conclude that Appellant was properly served the Motion to Dismiss.
The Administrative Law Judge may dismiss an appeal for failure to comply with any of the time limits set forth in an appeal.
ALJDTR 65. As Appellant has been afforded ample time to respond, and has not notified the ALJD of any extenuating circumstances
regarding his failure to respond, I conclude that Appellant failed to comply with the date set for responding to the Respondent's
Motion to Dismiss.
IT IS THEREFORE ORDERED that the appeal of Appellant Albert Anders, Docket Number 00-ALJ-04-00034-AP, is hereby
dismissed.
AND IT IS SO ORDERED.
______________________________
C. DUKES SCOTT ADMINISTRATIVE LAW JUDGE
September 12, 2000
Columbia, South Carolina |
