Thursday, July 24, 2014

SC Administrative Law Court Decisions

CAPTION:
Megan Dunn Monahan vs South Carolina Department of Motor Vehicles

AGENCY:
South Carolina Department of Motor Vehicles

PARTIES:
Appellant:
Megan Dunn Monahan

Respondant:
South Carolina Department of Motor Vehicles
 
DOCKET NUMBER:
08-ALJ-21-0522-AP

APPEARANCES:
 

ORDERS:

Rule 35 of the ALC Rules of Procedure state that “the party filing the notice of appeal shall be responsible for ordering a transcript and shall file a copy of the request for a transcript with the notice of appeal.” The rule also states that “the transcript of the proceedings shall be filed with the clerk of the Court by the agency pursuant to Rule 36.”

ALC Rule 36(A) states that:

within forty-five (45) days of the date of the notice of assignment to an administrative law judge, the agency with possession of the Record shall file an original and two (2) copies of the Record with the Court and serve one (1) copy on each party to the appeal, unless the time for filing the Record is extended by the Administrative Law Judge assigned to the appeal.

 

The Appellant filed a Notice of Appeal on November 19, 2008 without filing any evidence of ordering the transcript or otherwise providing the transcript.  The Notice of Assignment was filed on November 20, 2008.  Therefore, the transcript would have been due on January 4, 2009. The Record was forwarded by the OMVH on December 30, 2008.  There was no evidence that a transcript was ordered or otherwise provided.

On January 30, 2009, Appellant filed a Motion to Supplement the Record with the transcript. Appellant argues that he was late in producing the transcript because he could not find anyone to transcribe the recording of the hearing until mid January of 2009.  Respondent filed a Return to this Motion on February 4, 2009 requesting that this matter be dismissed because Appellant is in violation of ALC Rules 35 and 36(A).

“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.” ALC Rule 38.

It appearing that the Appellant has failed to comply with ALC Rules 35 and 36(A), this case is hereby DISMISSED.[1]

            AND IT IS SO ORDERED.

 

                                                                        ______________________________

                                                                        Carolyn C. Matthews

                                                                        Administrative Law Judge

 

May 14, 2009



[1] Although this matter is not dismissed on this ground, Appellant also failed to comply with ALC Rule 37D, which requires that the Appellant’s Brief have a blue cover.


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