South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
3 Steps Learning Center vs. South Carolina Department of Social Services

AGENCY:
South Carolina Department of Social Services

PARTIES:
Appellant:
3 Steps Learning Center
73 Gordon Street, Barnwell, SC

Respondent:
South Carolina Department of Social Services
 
DOCKET NUMBER:
03-ALJ-18-0314-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

Appellant filed a Notice of Appeal with the South Carolina Administrative Law Judge Division (“Division”) on July 30, 2003, appealing the decision of the South Carolina Department of Social Services (“Department”), dated June 28, 2003, and received by Appellant on July 3, 2003, revoking Appellant’s day care license. On August 12, 2003, the undersigned issued an Order Governing Procedure, which required Appellant to file a brief with the undersigned within fifteen (15) days of the date the Record on Appeal is filed. The Record on Appeal was filed on September 11, 2003.

Appellant failed to file a brief within fifteen (15) days of the date the Record on Appeal was filed and has not filed a brief as of the date of this Order of Dismissal. Therefore, pursuant to ALJD Rule 38, this matter is hereby dismissed. ALJD Rule 38, entitled “Dismissal of Appeal for Failure to Comply with the Rules,” provides:

Upon motion of any party, or on its own motion, an administrative law judge may dismiss an appeal for failure to comply with any of the rules of procedure for appeals, including the failure to comply with any of the time limits provided by this section.

By virtue of its request for an appeal, the Appellant has an obligation to advance a position. Furthermore, the Appellant has been afforded ample time to file its brief. “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 above-captioned case is sua sponte dismissed without prejudice. This appeal may be reinstated only upon good cause shown.

AND IT IS SO ORDERED.



__________________________________

MARVIN F. KITTRELL

Chief Administrative Law Judge


October 20, 2003

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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