ORDERS:
ORDER OF DISMISSAL
Pursuant to ALJD Rule 23, a default occurs in a contested case when a party fails to respond or otherwise prosecute or
defend, or fails to comply with any interlocutory order of the administrative law judge. An administrative law judge may
dismiss or dispose of a contested case adversely to the defaulting party.
Pursuant to ALJD Rule 8, the Administrative Law Judge issued an Order for Prehearing Statements on November 22, 1999,
requiring the parties to file Prehearing Statements with the Administrative Law Judge Division ("ALJD") on or before
December 13, 1999. The Respondent filed its Prehearing Statement with the ALJD on December 12, 1999.
By letter dated December 22, 1999, the ALJD informed Petitioner, Gerald R. Cummings, that his Prehearing Statement was
past due and that the time had been extended to January 3, 2000, for Petitioner to file his Prehearing Statement. No
Prehearing Statement was filed by Petitioner on or before January 3, 2000.
By letter dated February 3, 2000, sent certified mail, the ALJD again informed Petitioner Gerald R. Cummings, that his
Prehearing Statement was past due and that if the Prehearing Statement were not filed with the ALJD on or before February
10, 2000, the above matter would be dismissed pursuant to ALJD Rule 23 for failure to comply with the Order. As of
February 22, 2000, the Petitioner has not filed a Prehearing Statement with the ALJD nor contacted the ALJD, and he is in
default.
Adequate notice was given to Petitioner of the terms of the Order and the consequences for failure to comply. Petitioner
was provided abundant opportunity to comply. "There is a limit beyond which the court should not allow a litigant to
consume the time of the court...." Georganne Apparel, Inc. v. Todd, 303 S.C. 87, 92, 399 S.E.2d 16, 19 (Ct. App. 1990).
IT IS THEREFORE ORDERED that the Petitioner, Gerald R. Cummings, is in default and that the above-captioned case
bearing Docket Number 99-ALJ-07-0590-CC is hereby dismissed with prejudice against Petitioner. The relief requested by
Respondent in its Prehearing Statement is hereby granted.
AND IT IS SO ORDERED.
_______________________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
February 23, 2000
Columbia, South Carolina |