Pinkncy v. S.C. Dep't of Emp't & Workforce, 21-AU-23-0S41-AP

CourtSouth Carolina Administrative Law Court Decisions
Writing for the CourtMILTON G. KIMPSON JUDGE.
PartiesNatasha J. Pinkncy, Appellant, v. South Carolina Department of Employment and Workforce, Respondent.
Docket Number21-AU-23-0S41-AP
Decision Date15 September 2022

Natasha J. Pinkncy, Appellant,
v.

South Carolina Department of Employment and Workforce, Respondent.

No. 21-AU-23-0S41-AP

South Carolina Administrative Law Court Decisions

September 15, 2022


ORDER OF DISMISSAL

MILTON G. KIMPSON JUDGE.

This matter comes before the Administrative Law Court (ALC or Court) pursuant to the Notice of Appeal filed by Natasha J. Pinkney (Appellant) on January 6. 2022. Appellant appeals from an Appellate Panel Decision of the South Carolina Department of Employment and Workforce (Department or SCDEW), that found her appeal to the Appeal Tribunal (Tribunal) was untimely, Appellant contends in her Notice of Appeal that she filed a timely appeal.

On March 4, 2002, the Department filed a Motion to Dismiss (Motion), moving for dismissal because of Appellant's failure to timely file an appellate brief as required by the Rules of Procedure for the ALC. See SCALC Rule 37(A), infra. By Notice of Assignment (Notice) issued by the Court on January 6, 2022, Appellant was apprised of the pertinent deadlines for filing the required documents in her case. Furthermore, the Notice directed Appellant to the relevant provisions of the Rules of Procedure regarding the deadlines and other requirements applicable to her appeal.

Pursuant to SCALC Rule 37(A), Appellant was required to file an appellate brief with this Court "within twenty (20) after the Record on Appeal is filed..." The Department timely filed the Record on Appeal (Record), on January 31, 2022, along with the transcript of the hearing below.[1]See SCALC Rule 36 ("In appeals from decisions of the Department of Employment and Workforce. the Department must file and serve the Record within twenty (20) days of the date of the notice of assignment.") Therefore, Appellant's brief was due to be filed with the Court on or before February 22, 2022.[2]

1

On March 14, 2022, Appellant filed an appellate brief (without requesting leave from the Court to file out-of-time).[3] Unfortunately, while Appellant's brief appears to comply with the form prescribed by Rule 37(B) - being divided into sections labeled Statement of Issues, Statement of Case, Argument, and Conclusion - its substance is merely a recitation of the facts explaining the circumstances giving rise to her resignation from her employment. The Appellate Panel dismissed Appellant's case because it found that her appeal to the Tribunal was untimely. Appellant's brief. however, completely fails to address this...

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