ORDERS:
ORDER OF DISMISSAL FOR DEFAULT
On June 23, 1999, an ORDER was issued to all parties requiring the filing of Prehearing Statement 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 Statement was due on July 13, 1999. Petitioners failed to file the Prehearing Statement.
On July 21, 1999, Petitioners were again directed to file the Prehearing Statement on or before Wednesday, July 28, 1999.
No Prehearing Statement was received by the close of business on the extension date of July 28, 1999, and thus Petitioners
failed to comply with the Order.
Upon a party's failure to 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.
Therefore, IT IS ORDERED:
1. Due to the Petitioner's failure to prosecute this action, the Petitioner is in default.
2. South Carolina Department of Health and Environmental Control, having complied in
this matter, is not in default.
3. As the result of the default, the case is dismissed and the action is ended.
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
This 3rd day of August, 1999
Columbia, South Carolina |