ORDERS:
ORDER OF DISMISSAL
This matter is before me on a Motion to Dismiss filed on June 1, 1998, by Charles M. Black,
Jr., Attorney for Respondent. Respondent's Motion states that the Administrative Law Judge
Division ("ALJD") lacks jurisdiction in this matter due to the fact that Appellant's appeal request was
not timely filed. Respondent further states that a final order was issued by the South Carolina
Department of Health and Human Services on July 30, 1996 and that Appellant was required to file
her appeal within thirty days of receipt of the Order; however, no request was filed with the ALJD
until January 14, 1998.
ALJD Rule 19(C) provides that "opposing parties may respond within ten (10) days of the
filing of the motion." As of the date of this Order of Dismissal, no response to Respondent's Motion
to Dismiss has been filed with the Court.
IT IS THEREFORE ORDERED that Respondent's Motion to Dismiss is granted and that
the above-captioned case bearing Docket Number 98-ALJ-08-0033-AP is hereby dismissed.
AND IT IS SO ORDERED.
_______________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
June 18, 1998
Columbia, South Carolina |