Monday, July 28, 2014

SC Administrative Law Court Decisions

CAPTION:
SCDMV vs. Thomas Farmer

AGENCY:
South Carolina Department of Motor Vehicles

PARTIES:
Appellant:
South Carolina Department of Motor Vehicles

Respondent:
Thomas Farmer
 
DOCKET NUMBER:
06-ALJ-21-0057-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

Administrative Law Court Rule 33 (D) provides that a Notice of Appeal shall contain a copy of the request for a transcript.  Here, the Department did not comply with that Rule.  On April 18, 2006, this Court sent a letter to the Department of Motor Vehicle Hearings requesting that they inform the Court as to the date in which Appellant requested a transcript. The Department of Motor Vehicle Hearings replied stating that no such request had been made. Afterwards, the Department made a Motion for Leave to file a request for a transcript. Though the Department failed to properly file its Notice of Appeal with the ALC, this Court, nevertheless, issued an order granting that request and requiring that the Department request a transcript from the Department of Motor Vehicle Hearings within five (5) days of the date of the Order.  However, as of this date, the ALC still has not received any copy of a request for transcript from the Department.  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.   

The Department failed to originally comply with Rule 33(D) and failed to comply with the specific terms of the above Order granting it latitude in complying with the requisites of Rule 33(D). Therefore,

            IT IS HEREBY ORDERED that this case be DISMISSED.

______________________________

Ralph King Anderson, III

Administrative Law Judge

May 19, 2006

Columbia, South Carolina