ORDERS:
ORDER OF DISMISSAL
This matter is currently pending before the South Carolina Administrative Law Judge Division pursuant to the Appellant's
Notice of Appeal filed on February 7, 2001. The Record was submitted from the Department on March 29, 2001. Also on
March 29, 2001, an Order Governing Procedure was issued by the undersigned judge requiring the Appellant to file her
brief within fifteen (15) days. She did not file her brief.
On October 29, 2001, a letter was sent to the Appellant with a copy to the Respondent stating that the Brief of Appellant
should be filed immediately. The Brief of Appellant was filed on November 13, 2001. On December 19, 2001, a letter was
sent to the Respondent because a Brief of Respondent had not been received in response. A copy of the letter was sent to
the Appellant. Since the Brief of Appellant did not contain a Certificate of Service or any indication of mailing to the
Respondent, the Appellant was reminded in the letter of her duty to provide a copy to the Respondent if she had not done
so. On December 20, 2001, a letter was received from the Respondent stating they had not previously received a brief from
the Appellant and would await such copy based on the letter of December 19, 2001. On January 23, 2001, the Division
received a letter from the Respondent stating they still had not received a brief from the Appellant.
As set forth ALJD Rule 37 (C), "At the time of filing the brief with the Division, one copy
of the brief and any appendix shall be served on each party to the appeal." ALJD Rule 37 (B)(5) requires a Certificate of
Service showing service of the brief on the other party be included with the brief. The Appellant has failed to abide by
those rules even after having been sent a reminder by this Division.
Therefore, pursuant to ALJD Rule 38 this matter must be dismissed. ALJD Rule 38 provides, "...[a]n 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 time limits provided by this section."
It is hereby ORDERED that this appeal is DISMISSED.
AND IT IS SO ORDERED.
______________________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
January 28, 2002
Columbia, South Carolina
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