South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Sharon Davern, MSEd vs. LLR, South Carolina Board of Examiners for Licensure of Professional Counselors

AGENCY:
South Carolina Department of Labor, Licensing, & Regulation

PARTIES:
Appellant:
Sharon Davern, MSEd

Respondent:
South Carolina Department of Labor, Licensing, & Regulation, South Carolina Board of Examiners for Licensure of Professional Counselors
 
DOCKET NUMBER:
03-ALJ-11-0230-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

THIS MATTER COMES before me upon motion of the Respondent, South Carolina Department of Labor, Licensing, & Regulation, South Carolina Board of Examiners for Licensure of Professional Counselors, which moves for a dismissal of the above-captioned appeal. By motion filed June 11, 2003, the Respondent requested that this appeal be dismissed based on the Appellant’s inability to perfect her appeal in a timely manner. The Appellant filed a Return to the Motion on June 18, 2003, stating that the Respondent had a duty to apprize the Appellant of the right to and process for appealing the decision of the Respondent.

Based on these pleadings before me, I find that the Appellant has failed to perfect her appeal in a timely manner. The Decision of the Board was mailed to the Appellant on January 28, 2003. The Appellant’s letter requesting appeal of the Board’s decision was mailed on May 21, 2003, and received by the ALJD on May 22, 2003, well beyond the thirty day allowed by S.C. Code Ann. §§ 1-23-380 and -600(D) (Supp 2002). Although the Appellant contends that the delay in filing was due, in part, to medical conditions necessitating surgery, the fact remains that perfecting an appeal is a jurisdictional requirement. This Court cannot expand the time for filing the notice of appeal, Stroup v. Duke Power Co., 216 S.C. 79, 56 S.E. 2d 745 (1949).

AND IT IS SO ORDERED.

______________________________

CAROLYN C. MATTHEWS

July 16, 2003South Carolina Administrative Law Judge

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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