ORDERS:
ORDER OF DISMISSAL
This matter was filed with the Administrative Law Judge Division on January 14, 1997,
pursuant to S.C. Code Ann. § 48-39-10, et seq. regarding South Carolina Department of Health and
Environmental Control, Bureau of Ocean and Coastal Resource Management's ("DHEC-OCRM")
denial of a permit to James and Janet Temple for the construction of two (2) non-covered boat lifts.
On January 16, 1997, DHEC-OCRM filed a letter with the Division stating that the parties had
reached an agreement in the matter and that the Petitioners wished to withdraw. In order to properly
dispose of the matter, the undersigned's office called Petitioners on several occasions and asked that
they forward a letter under their own signature stating they had resolved the matter and wished to
withdraw their appeal. At the time of this order no such correspondence has been received from
Petitioners.
Pursuant to Administrative Law Judge Division Rule 23, an 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. Accordingly,
IT IS HEREBY ORDERED that the above-captioned matter be and hereby is dismissed
with prejudice.
AND IT IS SO ORDERED.
____________________________________
Marvin F. Kittrell
Chief Judge
Columbia, South Carolina
May 2, 1997 |