Wednesday, July 23, 2014

SC Administrative Law Court Decisions

CAPTION:
Benjamin Tyler Mahaffey vs South Carolina Department of Motor Vehicles

AGENCY:
South Carolina Department of Motor Vehicles

PARTIES:
Appelant:
Benjamin Tyler Mahaffey
Respopndent:
South Carolina Department of Motor Vehicles

 
DOCKET NUMBER:
08-ALJ-21-0435-AP

APPEARANCES:
 

ORDERS:

ORDER OF DISMISSAL

Rule 37 (A) of the Rules of Procedure for the Administrative Law Court requires that the party first noticing the appeal shall file an original and two copies of its Brief within thirty (30) days after receipt of the Record on Appeal.  The Record on Appeal was filed November 17, 2008.  Appellant filed a Motion for Extension of Time on December 16, 2008 and again on January 15, 2009.  Appellant furthermore filed a Return to Respondent’s Motion to Dismiss on February 4, 2009.  Respondent’s Motion to Dismiss was denied on February 19, 2009.  However, as of this date, the ALC has not received a Brief from Appellant in this case.  Administrative Law Court Rule 38 provides that:

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.   

This delay is well beyond the time period set forth in the Rules of Procedure for the Administrative Law Court.  Furthermore, Appellant was given two separate thirty day extensions in which to file his Brief.  As the Appellant has been afforded ample time to file his Brief and has not notified the ALC of any extenuating circumstances regarding his failure to file, I conclude that this matter should be dismissed sua sponte.           

            IT IS HEREBY ORDERED that this appeal be DISMISSED.

            AND IT IS SO ORDERED.

 

                                                                                   

                                                                                    ______________________________

                                                                                    Ralph King Anderson, III

                                                                                    Administrative Law Judge

May 7, 2009

Columbia, South Carolina

 


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