Opinion
23-ALJ-21-0390-AP
10-23-2023
Gina C. Watkins, Appellant, v. South Carolina Department of Motor Vehicles and South Carolina Department of Public Safety, Respondents.
ORDER GRANTING RESPONDENT'S MOTION TO DISMISS
CRYSTAL M. ROOKARD ADMINISTRATIVE LAW JUDGE
This matter is before the South Carolina Administrative Law Court (ALC or Court) pursuant to the Notice of Appeal filed by Gina C. Watkins (Appellant). Appellant is seeking judicial review of an Order of Dismissal issued by the South Carolina Office of Motor Vehicle Hearings. The South Carolina Department of Motor Vehicles (Respondent) now moves under SCALC Rule 35 to dismiss this appeal contending Appellant failed to request a transcript_in this matter as required by SCALC Rule 35. Appellant has not filed a response to the motion.
ALC Rule 35 states that “The party filing the notice of appeal shall be responsible for ordering a transcript and shall file a copy of the request for a transcript with the notice of appeal...” SCALC Rule 35. 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.
Here, Appellant failed to order a transcript and file a copy of the request for the transcript with the Notice of Appeal. Furthermore, on October 9, 2023, the South Carolina Office of Motor Vehicle Hearings filed the Record on Appeal (Record) in this matter and noted that no transcript request was received. Consequently, there is no transcript in the Record. Additionally, Respondent's motion was filed on October 12, 2023, and as of the date of this order Appellant has neither filed a response to the motion nor requested a copy of the transcript.
While this Court Prefers to decide cases on the merits, the requirement that appeals request the transcript in accordance with the ALC Rules of procedure in an indispensable component of the appellate process, thus in accordance with ALC Rule 38, I fine that Respondent's motion granted for Appellant;s failure to order a transcript of the request for the transcript with the Notice of Appeal as required by ALC Rule 35.
The Court declines to address Respondent's contention that Appellant failed to timely file the Notice of Appeal.
THEREFORE, IT IS HEREBY ORDERED that Respondent's Motion to Dismiss is GRANTED and this appeal is DISMISSED.
AND IT IS SO ORDERED.