ORDERS:
ORDER OF DISMISSAL
This
matter is before the Administrative Law Court (“ALC”) pursuant to S.C. Code Ann. § 1-23-600(A) (as amended by 2008
S.C. Act No. 334) and S.C. Code Ann. § 9-21-60 (Supp. 2007) for a contested
case hearing. On March 24, 2008, the Respondent, South Carolina Budget
and Control Board, South Carolina Retirement Systems, issued a Final Agency
Determination in which it discontinued Clyde Appling’s (“Appling’s”) disability
retirement benefits under the South Carolina Retirement Systems after a
periodic continuing disability review of his benefits. On April 7, 2008, Appling filed a request for a contested case hearing challenging the Respondent’s
decision.
After
notice to the parties, the court held a hearing on Wednesday, August 6, 2008, at the ALC in Columbia, South Carolina. The Respondent was present at the
hearing. The Petitioner did not appear at the hearing and did not notify the
court that he would not be appearing or would be late.
After
waiting approximately twenty minutes for the Petitioner to appear, the court
granted the Respondent’s motion for this matter to be dismissed pursuant to ALC
Rule 23(A). ALC Rule 23(A) 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
did not appear for the hearing, it is hereby
ORDERED that this matter is DISMISSED.
IT
IS SO ORDERED.
______________________________
PAIGE J. GOSSETT
Administrative Law Judge
August 8, 2008
Columbia, South Carolina
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