South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Bio Medical Services, Inc. vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Bio Medical Services, Inc.


Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
96-ALJ-07-0517-CC

APPEARANCES:
n/a
 

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


Brown Bldg.

 

 

 

 

 

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