Hamrick v. S.C. Dep't of Emp't & Workforce, 22-ALJ-22-0147-AP

CourtSouth Carolina Administrative Law Court Decisions
Writing for the CourtS. PHILLIP LENSKI, ADMINISTRATIVE LAW JUDGE
PartiesDonna L. Hamrick, Appellant, v. South Carolina Department of Employment and Workforce, Respondent.
Docket Number22-ALJ-22-0147-AP
Decision Date22 November 2022

Donna L. Hamrick, Appellant,
v.

South Carolina Department of Employment and Workforce, Respondent.

No. 22-ALJ-22-0147-AP

South Carolina Administrative Law Court Decisions

November 22, 2022


ORDER DENYING APPELLANT'S MOTION FOR REHEARING

S. PHILLIP LENSKI, ADMINISTRATIVE LAW JUDGE

This matter is before the Administrative Law Court (ALC or court) on the appeal of Donna L. Hamrick (Appellant) filed on April 27, 2022. The Appellant is appealing the South Carolina Department of Employment and Workforce (Respondent or Department) Appellate Panel's decision affirming the Appeal Tribunal's decision that the Appellant filed an untimely appeal to the Appeal Tribunal, and the case was properly dismissed.

On May 5, 2022, the court mailed the parties the Notice of Assignment which gives the parties notice of the deadlines the parties are required to meet. On June 6, 2022, the Department filed the Record on Appeal (ROA) with the court. As stated in the Notice of Assignment and in accordance with ALC Rule 37(A), the Appellant's brief is due within twenty (20) days after the ROA is filed. Therefore, the Appellant was required to file her brief with the court and serve a copy on each party no later than June 6, 2022.

On October 13, 2022, because the Appellant did not file a brief with the court, pursuant to ALC Rule 38, the Appellant's case was dismissed. ALC Rule 38 provides that upon a motion by any party, or on its own motion, the court may dismiss an appeal for failure to comply with any of the rules of procedures for appeals, including the failure to comply with any of the time limits provided in the ALC rules. Although the Appellant is pro se, in South Carolina, a pro, se litigant is responsible "for complying with substantive and procedural requirements of law” State v. Burton, S.C. 259,265,589 S.E.2d 6,9 (2003).

On November 7, 2022, the Appellant filed a Motion for Rehearing with the court asking the court to let her file an Appellant's brief because she had not received notice to file anything

1

within twenty (20) days of a record on appeal. ALC Rule 40 provides that a motion for rehearing must be filed within ten days of receipt of the order and must state with particularity the points supposed to have been overlooked or misapprehended by the court, which the Appellant fails to do in her motion. In this case, the Order of Dismissal was issued and provided to the parties on October 13,2022. The Appellant filed her Motion for...

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