Friday, April 18, 2014

SC Administrative Law Court Decisions

CAPTION:
SCDMV vs. Christopher William Scott

AGENCY:
South Carolina Department of Motor Vehicles

PARTIES:
Appellant:
South Carolina Department of Motor Vehicles

Respondents:
Christopher William Scott
 
DOCKET NUMBER:
06-ALJ-21-0456-AP

APPEARANCES:
n/a
 

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 fifteen (15) days after receipt of the Record on Appeal. The Record on Appeal was filed June 29, 2006.  As of this date, the ALC has not received a Brief 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. Moreover, on August 4, 2006, this Court set forth a letter requesting that within five (5) days the Appellant provide a reason as to why these cases should not be dismissed for failure to file a timely Brief. However, as of this date, the ALC has not received any communication from the Appellant regarding this issue. 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

August 16, 2006

Columbia, South Carolina