Tuesday, September 02, 2014

SC Administrative Law Court Decisions

CAPTION:
Mamie L. Jackson vs. South Carolina Department of Motor Vehicles

AGENCY:
South Carolina Department of Motor Vehicles

PARTIES:
Petitioner:
Mamie L. Jackson

Respondent:
South Carolina Department of Motor Vehicles
 
DOCKET NUMBER:
07-ALJ-21-0396-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL
This matter is before the Administrative Law Court (ALC or Court) pursuant to Appellant’s request for relief filed on June 1, 2007. Respondent filed a Motion to Dismiss on July 6, 2007, asserting that Appellant has failed to exhaust her administrative remedies prior to filing this matter. Appellant did not file a written protest with either the County of Lexington or of Richland when her license was suspended for failure to pay taxes. As of the date of this Order, Appellant has not responded to the Department’s motion. An appellant is required to exhaust her administrative remedies prior to filing an appeal. Howard v. Mutz, 315 S.C. 356, 434 S.E.2d 254 (1993). There is no evidence in this matter that the Appellant filed a protest with either Lexington or Richland Counties. Appellant, therefore, has not exhausted her administrative remedies prior to filing this appeal, and this matter must be dismissed. Hyde v. S. C. Dept. of Mental Health, 314 S.C. 207, 442 S.E.2d 582 (1994). Absent such exhaustion, this Court has no jurisdiction to hear Appellant’s appeal. IT IS THEREFORE ORDERED that this matter is DISMISSED. AND IT IS SO ORDERED. _____________________________________ Ralph King Anderson, III Administrative Law Judge

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