Thursday, October 30, 2014

SC Administrative Law Court Decisions

CAPTION:
SCDMV vs. David Rubel

AGENCY:
South Carolina Department of Motor Vehicles

PARTIES:
Appellant:
South Carolina Department of Motor Vehicles

Respondents:
David Rubel
 
DOCKET NUMBER:
06-ALJ-21-0528-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

Pursuant to ALC Rule 37, Appellant South Carolina Department of Motor Vehicles (Department) was required to file an appellate brief in the above-captioned matter with this Court “within fifteen (15) days after receipt of the Record on Appeal.” ALC Rule 37(A). The Division of Motor Vehicle Hearings filed the Record on Appeal in this matter on June 22, 2006. However, to date, the Department has not filed an appellate brief in this case. Because the Department has failed to timely file an appellate brief, this case is hereby dismissed pursuant to ALC Rule 38. ALC 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.

ALC Rule 38 (emphasis added).

By virtue of its request for an appeal, the Department had an obligation to advance its position, and the Department was given ample time to do so. Nonetheless, the Department failed to file an appellate brief in support of its appeal. This case must, therefore, be dismissed. “There is a limit beyond which the court should not allow a litigant to consume the time of the court . . . .” Georganne Apparel, Inc. v. Todd, 303 S.C. 87, 92, 399 S.E.2d 16, 19 (Ct. App. 1990).

IT IS THEREFORE ORDERED that this case is hereby DISMISSED with prejudice.

AND IT IS SO ORDERED.

______________________________

JOHN D. GEATHERS

Administrative Law Judge

August 24, 2006

Columbia, South Carolina