ORDERS:
ORDER OF DISMISSAL
This matter is before the undersigned judge based on a Request for a Contested Case Hearing made by the Petitioner. On July 12, 2005, an Order for Prehearing Statements was issued and mailed to the parties. A Prehearing Statement was filed by the Respondent DHEC on July 19, 2005 and by Respondent Crisp Poultry on September 1, 2005. The Petitioner never filed a statement. On September 2, 2005, a reminder letter and a blank form Prehearing Statement response were sent allowing the Petitioner ten (10) days to file the statement. None was received. Respondent DHEC filed a Motion to Dismiss on September 6, 2005. No response to the motion was received from the Petitioner.
“The administrative law judge may dismiss a contested case...adverse to the defaulting party. A default occurs when a party fails to plead or otherwise prosecute or defend, . . . or fails to comply with any interlocutory order of the administrative law judge.” ALC Rule 23.
It appearing that the Petitioner has defaulted in this matter, this case is hereby DISMISSED.
AND IT IS SO ORDERED.
______________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
September 20, 2005
Columbia, South Carolina |