ORDERS:
ORDER OF DISMISSAL
This matter is before me pursuant to a request for a contested case hearing filed by Mary H.
Granville, in which she objected to the Department of Health and Environmental Control’s
(Department) denial of her septic tank permit application. On April 14, 2005, 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 May 6, 2005, Petitioner Granville was
granted an additional ten (10) days to submit her 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 filed her 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
June 1, 2005
Columbia, South Carolina |