ORDERS:
		
  ORDER OF DISMISSAL
This matter is before me pursuant to
    a request for a contested case hearing filed Jacob E. Taiste, Jr., in which he
    objected to the Retirement Systems denial of beneficiary death benefits.  On September
    4, 2007, I issued an Order for Prehearing Statements in which each party was
    given fifteen (15) days to submit their Prehearing Statement.  Pursuant to that
    Order, the Department timely submitted its Prehearing Statement.  However, the
    Petitioner did not.  Thereafter, by letter dated October 1, 2007, Petitioner Taiste
    was granted an additional five (5) days to submit his Prehearing Statement.  As
    of the date of this Order of Dismissal, neither Petitioner nor anyone
    representing Petitioner has contacted this office, either verbally or in
    writing.  Furthermore, no correspondence has been returned to the Administrative
    Law Court (ALC or Court). 
  Based on the foregoing, this action
    is dismissed pursuant to ALC Rule 23, with prejudice.  Rule 23 provides: 
  The
    administrative law judge may dismiss a contested case or dispose of a contested
    case adverse to the defaulting party.  A default occurs when a party fails to
    plead or otherwise prosecute or defend, fails to appear at a hearing without
    the proper consent of the judge or fails to comply with any interlocutory order
    of the administrative law judge.  Any non-defaulting party may move for an
    order dismissing the case or terminating it adversely to the defaulting party. 
  Because the Petitioner has failed to file his Prehearing
    Statement and has not otherwise contacted this tribunal as of the issuance of
    this Order,  
  IT IS HEREBY ORDERED that this matter is DISMISSED with
    prejudice. 
  AND IT IS SO ORDERED. 
  _______________________________ 
  Ralph
    King Anderson, III 
  Administrative
    Law Judge 
  October 15, 2007 
  Columbia, South Carolina 
 |