ORDERS:
ORDER OF DISMISSAL FOR DEFAULT
On January 31, 1997, 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 Statements were due on
February 20, 1997. Sylvan Learning Center (Sylvan) failed to file Prehearing Statements.
On February 24, 1997, Sylvan was again directed to file the Prehearing Statement on or before
Thursday, March 6, 1997. No Prehearing Statement was received by the close of business on the
extension date of March 6, 1997 and thus Sylvan failed to comply with the Order. Further, Sylvan
failed to comply with the March 7, 1997 Order directing the parties to appear on April 14, 1997 to
prosecute the case here in dispute since on April 14, 1997, Sylvan made no appearance in this case.
On April 14, 1997, a Motion to Dismiss was requested on the grounds that Sylvan failed to prosecute
or defend this action, failed to adhere to an interlocutory order, and failed to appear at the hearing.
Under such circumstances, the Administrative Law Judge may dismiss a contested case in a manner
so as to uphold the position of the complying party. (ALJD Rule 23). The motion is granted.
Therefore, IT IS ORDERED that citation number 347-97, dated December 17, 1996, and issued to
Sylvan Learning Center is a proper citation and that Sylvan Learning Center shall pay a fine of
$75.00 to the South Carolina Department of Labor, Licensing and Regulation - Division of Labor.
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
This 15th day of April, 1996
Columbia, South Carolina |