Ricks v. S.C. Dep't of Emp't & Workforce, 22-ALJ-22-0266-AP

CourtSouth Carolina Administrative Law Court Decisions
Writing for the CourtSHIRLEY C. ROBINSON ADMINISTRATIVE LAW JUDGE
PartiesWillie E. Ricks, Appellant, v. South Carolina Department of Employment and Workforce and Santee Print Works, Respondent.
Docket Number22-ALJ-22-0266-AP
Decision Date18 November 2022

Willie E. Ricks, Appellant,
v.

South Carolina Department of Employment and Workforce and Santee Print Works, Respondent.

No. 22-ALJ-22-0266-AP

South Carolina Administrative Law Court Decisions

November 18, 2022


ORDER GRANTING RESPONDENT'S MOTION TO DISMISS

SHIRLEY C. ROBINSON ADMINISTRATIVE LAW JUDGE

Willie E. Ricks, (Appellant) filed an appeal with the South Carolina Administrative Law Court (ALC or Court) seeking judicial review of a final decision issued by the South Carolina Department of Employment and Workforce's Appellate Panel (Respondent). Respondent now moves under ALC Rule 38 to dismiss this appeal based upon Appellant's failure to timely file his brief pursuant to ALC Rule 37. Appellant has not filed a response to the motion.

ALC Rule 37(A) requires Appellant file and serve his brief within twenty (20) days after the Record on Appeal is filed. SCALC Rule 37(A). ALC Rule 38 allows for the dismissal of 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. SCALC Rule 38.

On August 9, 2022, this appeal was assigned to the undersigned. The Record on Appeal was filed on September 6, 2022. Therefore, Appellant's Brief was due on or before September 26, 2022. The Department filed a motion to dismiss on October 7, 2022. As of the date of this order, Appellant has not filed a brief or a response to the Department's motion.

The Court acknowledges Appellant is pro se, however, "[a] pro se litigant who knowingly elects to represent [himself] assumes full responsibility for complying with substantive and procedural requirements of the law." See State v. Burton, 356 S.C. 259, 265 n.5, 589 S.E.2d 6, 9 n.5 (2003). Consequently, I grant Respondent's motion to dismiss this appeal because of Appellant's failure to timely file his brief as required under ALC Rule 37.

THEREFORE, IT IS HEREBY ORDERED that the Respondent's Motion to Dismiss is GRANTED and this appeal is DISMISSED.

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AND IT IS SO ORDERED.

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