ORDERS:
ORDER OF DISMISSAL
On June, 18, 1999, an Order was issued to all parties requiring the filing of Prehearing Statements within fifteen (15) days of
that Order. Given the additional five (5) day extension allowed for mailing under ALJD Rule 5(c), the Prehearing
Statements were due on July 8, 1999. The Respondent failed to file the Prehearing Statement.
On July 15, 1999, the Respondent was again directed to file the Prehearing Statement on or before July 21, 1999. No
Prehearing Statement was received by the close of business on the extension date of July 21, 1999, and thus Respondent
failed to comply with the Order.
Upon a party's failure to defend an action or upon a failure to adhere to an interlocutory order, the Administrative Law
Judge may dismiss a contested case in a manner so as to uphold the position of the party in compliance. ALJD Rule 23.
Therefore, IT IS ORDERED:
1. Due to the Respondent's failure to defend this action, the Respondent is in default.
2. South Carolina Department of Revenue, having complied in this matter, is not in default.
3. As a result of the default, the case is dismissed and the action is ended.
AND IT IS SO ORDERED.
____________________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
This 19th day of August, 1999
Columbia, South Carolina. |