ORDERS:
ORDER OF DISMISSAL
This matter is before me pursuant to
a request for a contested case hearing filed by Thomas E. Britt on November 19,
2003. On November 23, 2005, the Honorable Ray N. Stevens issued an Order for
Prehearing Statements in which each party was given thirty (30) days to submit
their Prehearing Statement. Pursuant to that Order, the South Carolina
Department of Insurance timely submitted its Prehearing Statement but Respondent
did not. By letter dated January 10, 2006, Respondent was granted an
additional ten (10) days to submit his Prehearing Statement. As of the date of
this Order of Dismissal, this office has received no contact, either verbally
or in writing, from Respondent or anyone representing Respondent. Furthermore,
no correspondence has been returned to the Administrative Law Court (ALC or
Court) as “unclaimed.”
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 Respondent has failed to file 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.
IT IS FURTHER ORDERED that the Resident Insurance
Producer’s License of Thomas E. Britt be revoked.
AND IT IS SO ORDERED.
_______________________________
Ralph
King Anderson, III
Administrative
Law Judge
February 24, 2005
Columbia, South Carolina |