ORDERS:
ORDER OF DISMISSAL
On December 19, 1996, 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
Wednesday, January 9, 1997. The Petitioner failed to file Prehearing Statements. On January 10,
1997, the Petitioner was again directed to file the Prehearing Statement on or before Monday,
January 20, 1997. No Prehearing Statement was received by the close of business on the
extension date of January 20, 1997.
On January 3, 1997, the Prehearing Statement was received from the Respondent, South Carolina
Department of Health and Environmental Control (DHEC), where it contained a Motion seeking
an Order requiring BioMed or Bio Medical Services to state with particularity what portions of
Order 96-35-HW it challenges and what relief it seeks. DHEC also requested a decision affirming
Order 96-35-HW in its entirety. On January 21, 1997, an Order was issued directing the
Petitioner to file the Prehearing Statement and in it to state with particularity what portions of
Order 96-35-HW the Petitioner challenges and what relief the Petitioner seeks no later than
Monday, February 10, 1997. This Order was sent certified mail and the Petitioner signed for the
Order on January 24, 1997. This Order also stated that should the Petitioner fail to comply with
the Order, DHEC's Motion shall also be received as a Motion to Dismiss on the grounds that the
Petitioner failed to prosecute this action by failing to adhere to an interlocutory order. The
Administrative Law Judge may dismiss a contested case adverse to any party who fails to comply
"with any interlocutory order." (ALJD Rule 23).
Due to the Petitioner's failure to comply with an interlocutory order of an Administrative Law
Judge and to DHEC's Motion being received as a Motion to Dismiss, it is therefore ordered that
the above-captioned case be dismissed with prejudice.
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
This 18th day of February, 1997
Columbia, South Carolina |