ORDERS:
ORDER OF DISMISSAL
On August 24, 2000, South Carolina Department of Corrections ("Respondent" or "Department") filed a Motion to Dismiss this
matter. Respondent seeks a dismissal on the grounds that Appellant failed to serve Respondent with the notice of appeal within thirty
(30) days of written notice of Respondent's final decision. Respondent seeks a dismissal under Al-Shabazz v. State, 338 S.C. 354,
527 S.E.2d 742 (2000), Rule 33 of the Administrative Law Judge Division ("ALJD"), ALJD Temporary Rule ("TR") 57 (requiring
service of papers on all parties in case), Rule 12(b)(1), SCRCP for lack of subject matter jurisdiction, and Rule 12(b)(5), SCRCP for
insufficiency of service of process.
The ALJD issued an order on September 8, 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 Linwood Carson, Docket Number 00-ALJ-04-00473-AP, is hereby
dismissed.
AND IT IS SO ORDERED.
______________________________
C. DUKES SCOTT ADMINISTRATIVE LAW JUDGE
October 3, 2000
Columbia, South Carolina |