ORDERS:
ORDER OF DISMISSAL
This matter is before me on Motion of Alex G. Shissias, Attorney for Respondent, filed
August 27, 1998, to dismiss the above-captioned matter. Respondent states in its Motion to
Dismiss that Petitioner's appeal was not filed within the required fifteen-day period to seek
administrative review of the Respondent's decision. Petitioner did not file a response to
Respondent's Motion to Dismiss. I find that pursuant to S.C. Code Ann. Regs. 61-72 (Supp.
1996), Petitioner's appeal was not timely filed.
Furthermore, pursuant to ALJD Rule 8, the Administrative Law Judge issued an Order for
Prehearing Statements on September 16, 1998, requiring the parties to file Prehearing Statements
with the Court on or before October 6, 1998. Petitioner filed its Prehearing Statement with the
Court on September 30, 1998. As of the date of this Order, Petitioner, Ulysses English, d/b/a
English Demolition, has not filed a Prehearing Statement. Petitioner is in default pursuant to
ALJD Rule 23 for failure to comply with the Court's Order of September 16, 1998.
IT IS THEREFORE ORDERED that Respondent's Motion to Dismiss is granted and
that the above-captioned case bearing Docket Number 98-ALJ-07-0521-CC is hereby dismissed
with prejudice against the defaulting party, Ulysses English, d/b/a English Demolition. The relief
requested by Respondent in its Prehearing Statement is hereby granted, including the imposition
of any conditions, penalties, or injunctive relief sought and enumerated therein. Respondent's
Prehearing Statement is incorporated herein by reference as part of this Order.
AND IT IS SO ORDERED.
_______________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
October 28, 1998
Columbia, South Carolina |