ORDERS:
ORDER OF REINSTATEMENT AND NOTICE OF HEARING
(Contested Case)
An Order of Dismissal was issued in this matter on October 2, 2000, due to Respondent's failure to comply with the Procedural Order
dated August 3, 2000, and failure to respond to a second request on September 12, 2000, directing Respondent to file its Prehearing
Statement by September 19, 2000. On October 13, 2000, Respondent's attorney, W. Tracy Brown, filed a Notice of Motion and
Motion to Reconsider based upon the ground that Respondent did provide to Petitioner its Prehearing Statement on September 15,
2000.
On October 16, 2000, Petitioner's attorney, Michael K. Kendree filed a response with the Court in response to Respondent's Motion.
While Petitioner consents to the request in the Motion, Petitioner believes that Respondent did not comply with the Court's Order in
filing its Prehearing Statement, and further that the Department never received Respondent's Prehearing Statement, therefore the
Order of Dismissal was properly granted.
IT IS HEREBY ORDERED that Respondent's Motion for Reconsideration is hereby granted, and the case be reinstated and set for
hearing.
IT IS FURTHER ORDERED that this action will be heard on the merits before the Administrative Law Judge at 1:30 p.m. on
Monday, November 20, 2000, at The Administrative Law Judge Division hearing room, 2nd Floor, Edgar A. Brown Building,
1205 Pendleton Street, Columbia, South Carolina.
The parties MUST exchange copies of all evidence (which includes all documents, records, and summaries of witnesses' testimony)
they intend to introduce at the Hearing and file copies with the undersigned Judge no later than Wednesday, November 1, 2000 . A
failure to exchange all evidence may result in the exclusion of the non-exchanged evidence.
1. This hearing is a contested case hearing and will be conducted in accordance with the Rules of Procedure of the
Administrative Law Judge Division, a copy of which is available from the Clerk of the Division.
2. Unless otherwise determined by the Administrative Law Judge, the hearing will proceed as follows:
a. Call of the case;
b. Motions and other preliminary matters;
c. Stipulations, agreements, or consent orders entered into the record;
d. Opening statements - not to exceed ten (10) minutes, with the party requesting the contested hearing proceeding first;
e. Presentation of evidence - each party in turn must present its case by means of calling witnesses to give testimony and by the
submission of evidence such as documents, maps, photographs, etc.
f. Final arguments - not to exceed fifteen (15) minutes, with the party requesting the contested hearing opening and closing.
3. If special equipment is required for the presentation of evidence, the party presenting the evidence is responsible for
obtaining the equipment and its custody.
4. Subpoenas are available to the parties pursuant to S.C. Code Ann. § 1-23-320(d) (Supp. 1999) and the rules of the Division,
to compel the attendance of witnesses or for the production of documents at the hearing. The parties are responsible for
service of subpoenas.
5. A party may represent himself or may be represented by an attorney at the hearing. An attorney representing a party must
file a notice of representation with the Division and with all opposing parties immediately after his or her services have been
retained.
6. TAKE NOTICE THAT A FAILURE TO APPEAR AT THE HEARING MAY RESULT IN:
a. A finding that the party who fails to appear does not object to the relief of which notice has been given;
b. Dismissal of the case or striking of the pleadings of the party who fails to appear;
c. Exclusion of evidence proffered by the party who fails to appear; or
d. Such other rulings as are deemed appropriate by the Administrative Law Judge.
7. Continuances will be granted only when extraordinary circumstances exist. Parties may request continuances no later than
24 hours prior to the scheduled hearing date. Failure to timely request a continuance may result in imposition of court costs
and court reporter fees.
8. In case of settlement or dismissal, failure of the parties to inform the court before the scheduled hearing that the hearing is
not necessary may result in the imposition of court costs and court reporter fees against the parties.
This the 17th day of October, 2000.
RAY N. STEVENS
Administrative Law Judge
Edgar A. Brown Building
1205 Pendleton Street
Columbia, South Carolina 29201 |