ORDERS:
ORDER OF DISMISSAL
On March 9, 2000, an Order was issued to all parties requiring the filing of Prehearing Statements within fifteen (15) days of
that Order. The Prehearing Statements were due on March 24, 2000. The Petitioner filed its Prehearing Statement on
March 24, 2000. Although the Respondent has been given ample notice and opportunity, she has not filed a Prehearing
Statement as required by the March 9, 2000 Order. After the Respondent failed to comply with the time period imposed in
that Order, the office of the undersigned sent her a letter on March 30, 2000, further requesting compliance with the Order.
The letter required that a Prehearing Statement be filed no later than April 6, 2000. However, the Respondent failed to
submit a Prehearing Statement.
Upon a party's failure to prosecute or 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. As the Respondent has failed to submit a Prehearing Statement as ordered by this Court, I find that she is in
default and that this case must be dismissed pursuant to ALJD Rule 23.
IT IS THEREFORE ORDERED that this matter is hereby dismissed, and that the decision of the Petitioner, South
Carolina Department of Social Services, to submit a debt in the amount of $1,116.00 to the Department of Revenue pursuant
to the Setoff Debt Collection Act is hereby affirmed.
AND IT IS SO ORDERED.
_________________________________
Marvin F. Kittrell
Chief Judge
Columbia, South Carolina
June 1, 2000 |