South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

David Forte vs. SCDHHS

South Carolina Department of Health and Human Services

David Forte

South Carolina Department of Health and Human Services




On July 30, 1997, the Petitioner, David Forte, filed a notice of intent to appeal an administrative decision of the Respondent, South Carolina Department of Health and Human Services. Pursuant to ALJD Rule 36A, Petitioner's brief was due fifteen days after the filing date, or fifteen days after the filing of a copy of the transcript with the Division, whichever is later. Since the transcript was filed with the Division on August 29, 1997, Petitioner's brief was initially due on or before September 15, 1997. By letter to Petitioner's representative dated October 22, 1997, and again by letter directly to Petitioner dated November 24, 1997, Petitioner was advised that his brief was overdue, and was further advised that failure to timely submit the brief may result in a dismissal of the appeal. The deadline for filing the brief was extended to December 4, 1997. On November 28, 1997, Petitioner filed a request for an extension, which was granted until December 18, 1997. As of this date this tribunal has received no further correspondence, either by letter or telephone call, from the Petitioner.

ALJD Rule 38 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.

Petitioner was given ample time to file a brief and has failed to do so within the allotted time.

IT IS THEREFORE ORDERED that the above-captioned case is hereby dismissed with prejudice.



Marvin F. Kittrell

Chief Judge

December 31, 1997

Columbia, South Carolina

Brown Bldg.






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