ORDERS:
ORDER OF DISMISSAL
This matter is before the undersigned judge based on a Request for a Contested Case Hearing
made and transmitted to the Court by the Petitioner on April 30, 2004. On May 7, 2004 a Procedural
Order was issued and mailed to the parties setting forth the procedure for the case and requesting that
the parties file a Preliminary Tax Appeal Statement within thirty days of the Order. A Preliminary
Tax Appeal Statement was filed by the Respondent on June 4, 2004. The Petitioner never filed a
statement. On June 22, 2004 and June 23, 2004, the Court left a message at the Petitioner’s counsel’s
office asking about the Preliminary Tax Statement which was past due. None was received and no
return telephone call was received.
“The administrative law judge may dismiss a contested case...adverse to the defaulting party.
A default occurs when a party fails to plead or otherwise prosecute or defend,...or fail to comply with
an interlocutory order of the administrative law judge.” ALJD Rule 23.
It appearing that the Petitioner has defaulted in this matter, this case is hereby DISMISSED.
AND IT IS SO ORDERED.
______________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
July 13, 2004
Columbia, South Carolina |