ORDERS:
ORDER OF DISMISSAL
In the above-captioned matter, Petitioner requested a contested case hearing after the
Department denied her application for a septic tank permit at the Doris Gause Subdivision located
in the Lamberttown Area of Georgetown County. The hearing was scheduled for May 13, 1998. An
Order and Notice of Hearing was signed and mailed to all parties on March 11, 1998. A certified
mail return receipt indicates that Petitioner received and signed for the notice on March 12, 1998.
However, Petitioner failed to appear at the hearing. Accordingly, pursuant to ALJD Rule 23, this
matter is hereby dismissed. This Rule provides:
The administrative law judge may dismiss a contested case or dispose of a contested case
adverse to the defaulting party. A default occurs when a party fails to respond or otherwise
prosecute or defend, fails to appear at a hearing without the proper consent of the judge or fails to comply with any interlocutory order of the administrative law judge. Any non-defaulting party may move for an order dismissing the case or terminating it adversely to the
defaulting party.
ALJD Rule 23 (1997) (emphasis added).
By virtue of Petitioner's request for a contested case, she has an obligation to advance her
position. Petitioner did not request a continuance and did not otherwise contact this tribunal
regarding the hearing.
IT IS THEREFORE ORDERED that the above-captioned case is hereby dismissed.
AND IT IS SO ORDERED.
________________________________
JOHN D. GEATHERS
Administrative Law Judge
May 20, 1998
Columbia, South Carolina
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