ORDERS:
ORDER OF DISMISSAL
Pursuant to this tribunal's order of January 14, 1999, each party was required to file a prehearing
statement with the Administrative Law Judge Division and serve all parties within twenty days of the date
of the order. However, Petitioner has not responded to this tribunal's order for a prehearing statement or to
a letter from this tribunal dated February 18, 1999, requesting the filing of a prehearing statement by March
1, 1999. Pursuant to ALJD Rule 23, this matter is hereby dismissed. This Rule 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 respond 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.
ALJD Rule 23 (1997) (emphasis added).
By virtue of the Petitioner's request for a contested case, she has an obligation to advance her
position. Petitioner has not requested an extension or enlargement of time pursuant to ALJD Rule 3B to
comply with this tribunal's order, but rather has been unresponsive to all communications. Petitioner has
been given 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 above-captioned case is hereby dismissed with prejudice.
AND IT IS SO ORDERED.
________________________________
JOHN D. GEATHERS
Administrative Law Judge
March 3, 1999
Columbia, South Carolina |