ORDERS:
ORDER OF DISMISSAL FOR DEFAULT
On July 25, 2000, an ORDER was issued to all parties requiring the filing of Prehearing Statements within fifteen (15) days of the
date of that ORDER. Given the additional five (5) day extension allowed for mailing under ALJD Rule 5(C), the Prehearing
Statement was due on August 14, 2000. Petitioner (Diana Sexton) failed to file the Prehearing Statement.
On September 12, 2000, Petitioner was again directed to file the Prehearing Statement on or before September 19, 2000. No
Prehearing Statement was received by the close of business on the extension date of September 19, 2000, and thus Petitioner 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. Berkeley County Assessor, having complied in this matter, is not in default.
2. Petitioner has failed to proceed with this action despite being directed to do so
and further has failed to comply with an interlocutory order.
3. The failure of the Petitioner to present a defense in this matter and the failure of
the Petitioner to obey an interlocutory order amounts to the Petitioner having
acquiesced to the actions and remedy sought by the Berkeley County Assesesor.
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
This 4th day of October, 2000
Columbia, South Carolina |