ORDERS:
ORDER OF DISMISSAL FOR DEFAULT
On July 16, 1998, an ORDER was issued to all parties requiring the filing of a Prehearing Statement
within fifteen (15) days of the date of that ORDER. Given the additional five (5) day extension
allowed for mailing under ALJD Rule 5(C), the Prehearing Statement was due on August 5, 1998.
Petitioner failed to file the Prehearing Statement.
On August 7, 1998, Petitioner was again directed to file the Prehearing Statement on or before August 14, 1998. No Prehearing Statement was received by the close of business on the extension
date of August 14, 1998. Thus, Petitioner failed to comply with the Order.
Petitioner failed to defend this action, and failed to adhere to an interlocutory order. Under such
circumstances, the Administrative Law Judge may dismiss a contested case in a manner so as to
uphold the position of the party in compliance. ALJD Rule 23. Therefore, IT IS ORDERED
1. Due to Petitioner's failure to defend this action, Petitioner is in default.
2. South Carolina Department of Health and Environmental Control, having
complied in this matter, is not in default.
3. As the result of the default, the Petitioner shall:
a. Within ten days of the date of this order, cease the operation of the unlicensed
community residential care facility located at 120 Cooper Drive, New
Ellenton, South Carolina.
b. Within ten days of the date of this order, pay a monetary penalty in the
amount of $5,000 to the South Carolina Department of Health and
Environmental Control.
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
This 18th day of August, 1998.
Columbia, South Carolina |