South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Frances J. Lindsey vs. SCDCA

AGENCY:
South Carolina Department of Consumer Affairs

PARTIES:
Petitioners:
Frances J. Lindsey

Respondents:
South Carolina Department of Consumer Affairs
 
DOCKET NUMBER:
06-ALJ-30-0034-CC

APPEARANCES:
n/a
 

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


 

 

 

 

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