S.C. R. P. Admin. Law. Ct. 62

As amended through November 6, 2024
Rule 62 - Dismissal of Appeal; Sanctions

Upon motion of any party, or on its own motion, an Administrative Law Judge may dismiss an appeal or resolve the appeal adversely to the offending party 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 (V), or for the failure to provide a factual basis for each expressly and specifically asserted constitutional violation as prescribed by Rule 59(B). Notwithstanding the time frames established herein, the Administrative Law Judge has the discretion to determine that a document is timely filed upon a finding that the party who filed the document made a good faith effort to file the document within the applicable time limits. If the presiding judge determines that the appeal is frivolous or taken solely for purposes of delay, the judge may impose such sanctions as the circumstances of the case and discouragement of like conduct in the future may require.

S.C. R. P. Admin. Law. Ct. 62

2014 Revised Notes

Rule 62 allows an administrative law judge to dismiss an appeal or resolve it adversely to an offending party for failure to comply with the rules of procedure for appeals, or for the failure to provide a factual basis for each alleged constitutional violation. Furthermore, the presiding judge may impose appropriate sanctions for inmate appeals which are frivolous or taken solely for the purpose of delay.