ORDERS:
ORDER DISMISSING APPEAL
This matter is before me on an appeal of Appellant, John Corley, ("Appellant"), filed with the Administrative Law Judge Division
("ALJD") on June 22, 2000.
On July 13, 2000, the ALJD issued an Order Governing Procedure which, among other things, required Appellant to file his brief on
September 4, 2000.
On August 14, 2000, the Respondent filed the Record in this case.
As of September 14, 2000, Appellant had not filed his brief, and therefore was in default of the ALJD' s Order Governing Procedure.
Appellant also had not notified the ALJD of any extenuating circumstances regarding his failure to to comply with the Order.
By Order of September 14, 2000, Appellant was notified that his brief had not been filed and was given an extension until September
25, 2000 to do so. The order of September 14, 2000, specifically stated that "the Appellant must file his Brief on or before September 25, 2000 or this case will be dismissed."
On September 19, 2000, Appellant filed a letter stating that he was unable to file a brief due to the need for an incident report.
Appellant raised this issue over 15 days after his Brief was initially due and over thirty days after the record was filed.
The Administrative Law Judge may dismiss an appeal for failure to comply with any of the time limits set forth in an appeal. ALJD
Temporary Rule 65. Appellant has been afforded ample time to file his Brief.
Adequate notice was given to Appellant of the terms of the Order. Appellant was provided abundant opportunity to comply.
"There is a limit beyond which the court should not allow a litigant to consume the time of the court...." Georganne Apparel, Inc. v.
Todd, 303 S.C. 87, 92, 399 S.E.2d 16, 19 (Ct. App. 1990).
IT IS THEREFORE ORDERED that the appeal of Appellant John Corley, Docket Number 00-ALJ-04-00373-AP, is hereby
dismissed.
AND IT IS SO ORDERED.
______________________________ C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
September 27, 2000
Columbia, SC |