ORDERS:
ORDER OF DISMISSAL
This matter is before me pursuant to a request for hearing filed on June 3, 2005 by Broadus Seigler, in which he objected to the Aiken County Board of Assessment’s (Board) denial of his appeal because it was not made in a timely fashion. On June 9, 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, Respondent submitted its Prehearing Statement. However, Petitioner did not. Thereafter, by letter dated July 7, 2005, Petitioner Seigler was granted additional time to submit his Prehearing Statement. The Prehearing Statement deadline was extended to July 15, 2005. 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 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.
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John D. McLeod
Administrative Law Judge
August 1, 2005
Columbia, South Carolina |