ORDERS:
ORDER OF DISMISSAL
This
matter is before the undersigned judge based on a Request for a Contested Case
Hearing filed by the Petitioner on January 24, 2006. On February 17, 2006, an
Order for Prehearing Statements was issued and mailed to the parties. A
Prehearing Statement was filed by the Respondent on March 7, 2006. On March 7,
2006, Ms. Lindsey called the Court to say that she had not received the Order
for Prehearing Statements due to problems with children in the area “messing
with the mail.” She requested that the Order be faxed to her. This was done
on March 8, 2006, along with blank forms for the Petitioner to use to complete
the Prehearing Statement . On May 3, 2006, the Petitioner again called the Court
to say that she had been caring for an ill brother who had recently passed away
and that she would send in her prehearing statement. The Petitioner never
filed a statement.
“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 fail to comply with an 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
June 10, 2006
Columbia, South Carolina |