ORDERS:
ORDER OF DISMISSAL
On March 27, 2001, the undersigned Administrative Law Judge issued an Order to the Appellant requiring
him to provide a general statement of the grounds of his appeal within ten days from the date of that Order,
pursuant to Rule 33 of the Administrative Law Judge Division Rules of Procedure. Rule 33 sets forth, in
relevant part:
The notice of appeal from the final decision of an agency to be heard by the Administrative Law Judge
Division shall be filed with the Division and a copy served on each party and the agency whose final
decision is the subject of the appeal within thirty (30) days of receipt of the decision from which the appeal
is taken. The notice shall contain the following information:
B. a general statement of the grounds for appeal as provided in S. C. Code Ann. §1-23-380(A)(6).
The grounds for appeal may be amended, supplemented or modified in the statement of issues in the brief
required by Rule 36 B. (1) . . . .
(emphasis added).
The Appellant's original Notice of Appeal was the following hand-written statement on DSS's cover letter:
"To whom it may concern I Samuel V. Tate would like to protest this decision." Likewise, the Appellant's
response to the March 27, 2001 Order was the following written statement: "To Whom it may concern I
request a hering [sic]." However, the Appellant's response did not comply with Rule 33(B), ALJDRP.
Similarly, the Appellant has failed to set forth any general grounds regarding the nature of his appeal of the
Department's decision. "Upon motion of any party, or on its own motion, an administrative law judge may
dismiss an appeal for failure to comply with any rules of procedure for appeals. . . ." Rule 38, ALJDRP. (1)
IT IS THEREFORE ORDERED that this appeal is dismissed.
AND IT IS SO ORDERED.
__________________________________
Ralph King Anderson, III
Administrative Law Judge
April 17, 2001
Columbia, South Carolina
1. Although I recognize that this court should make every effort to ensure fairness to pro se litigants, Mr.
Tate's failure to state any cognizable grounds for this appeal after two opportunities to do so, simply does not
warrant this case proceeding any further. |
