South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Lorraine Murray vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Lorraine Murray, Owner, Sunshine Residential Care

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
00-ALJ-07-0504-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

This matter is currently pending before the South Carolina Administrative Law Judge Division. On September 29, 2000, the Respondent filed a Motion to Dismiss stating that the Petitioner failed to timely file its Notice of Appeal. The Respondent did not file a response to this Motion.

The Respondent mailed the Final Agency Decision on July 27, 2000. The Respondent received the Determination on July 31, 2000. The Respondent did not receive the Notice of Appeal until August 31, 2000. To perfect a timely appeal, the Petitioner must file a written request for a contested case hearing with the DHEC Board within thirty (30) days of the mailing of the agency decision. In this case, the Petitioner failed to timely perfect its appeal. Also, the Petitioner failed to respond to the Respondent's Motion to Dismiss. Therefore, for good cause shown, it is hereby

ORDERED that the Respondent's Motion to Dismiss is GRANTED.

IT IS FURTHER ORDERED that this matter is DISMISSED WITH PREJUDICE.

AND IT IS SO ORDERED.





____________________________________

CAROLYN C. MATTHEWS

Administrative Law Judge

April 19, 2001

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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