ORDERS:
INTERLOCUTORY ORDER
This matter is pending before the Administrative Law Judge Division upon request of Gnato's
Acres for a hearing contesting the Administrative Order issued by the South Carolina Department
of Health and Environmental Control's ("DHEC") relating to the water system serving Gnato's
Acres, a subdivision, in York County. For the following reasons, DHEC's Motion to Dismiss is
denied.
DHEC filed a Motion to Dismiss on grounds that Gnato's Acres failed to timely file its Prehearing
Statement. By Order dated May 3, 1996, Prehearing Statements were to be filed with the
Administrative Law Judge Division on May 18, 1996; fifteen days from the date of the Order. On
May 17, 1996, DHEC filed its Prehearing Statement with the Division and by certified letter of
May 28, 1996, Mr. F.N. Waden, Jr., of Gnato's Acres received notice that his Prehearing
Statement was past due. On May 28, 1996, Mr. Waden filed the Prehearing Statement with the
Division. Mr. Waden is advised that he must serve a copy of all documents filed with this
Division on DHEC's counsel and should have done so in this instance.
Pursuant to ALJD Rule 10, an administrative law judge, upon being assigned a contested case,
shall review the transmittal form and determine the procedure appropriate to the complexity of the
issues presented and in cases involving pro se litigants or those without substantial knowledge and
experience in administrative matters, the administrative law judge shall make reasonable efforts to
assist a party so that the hearing is fair.
ALJD Rule 23 permits an administrative law judge to dispose of a case adverse to a defaulting
party, but does not require such action. Under the circumstances presented here, for the
foregoing reasons, dismissal of the above captioned contested case is not warranted.
In addition, it appears that this contested case request results from an administrative violation.
The Order giving rise to a contested case hearing request results from DHEC enforcement. As an
enforcement action, the caption should be amended to read "South Carolina Department of Health
and Environmental Control, Petitioner vs. Gnato's Acres, Respondent."
Therefore it is ORDERED that DHEC's Motion to Dismiss is denied and the caption is amended.
A copy of Gnato's Acres Prehearing Statement is attached to this Order. Parties shall exchange
exhibits and submit a list of proposed witnesses to be offered not less than five (5) days before the
hearing scheduled for July 18, 1996.
AND IT IS SO ORDERED.
______________________________
ALISON RENEE LEE
Administrative Law Judge
June ____, 1996
Columbia, South Carolina. |