ORDERS:
ORDER OF DISMISSAL
Pursuant
to this court’s order of October 24, 2007, each party was required to file a
prehearing statement with the Administrative Law Court and serve all parties
within twenty days of the date of the order. Respondent was reminded by letter
dated January 22, 2008, that his prehearing statement was late and was required
to submit one by January 29, 2008. However, Respondent has not responded to this court’s order for a prehearing statement
or to the follow up letter. Pursuant to ALC Rule 23(B), this matter is hereby
dismissed. This rule provides:
Upon
motion of any party, or on its own motion, the Court may dismiss a contested
case for failure to comply with any of the rules of procedure for contested
cases, including the failure to comply with any of the time limits provided
by this section.
ALC Rule 23(B)
(2007) (emphasis added).
By
virtue of Respondent's request for a contested case, he has an obligation to advance his
position. Respondent has not requested an
extension or enlargement of time pursuant to ALC Rule 3(B) to comply with this court’s
order, but rather has been unresponsive to all communications. Respondent has been given abundant opportunity
to comply. “There is a limit beyond which the court should allow a litigant to
consume the time of the court . . . .” Georganne Apparel, Inc. v. Todd,
303 S.C. 87, 92, 399 S.E.2d 16, 19 (Ct. App. 1990).
IT
IS THEREFORE ORDERED that the above-captioned case is hereby dismissed with
prejudice. AND IT IS SO ORDERED.
______________________________
April 11, 2008 JOHN
D. GEATHERS
Columbia, South Carolina Administrative
Law Judge
1205 Pendleton
Street, Suite 224
Columbia, South
Carolina 29201-3731
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