ORDERS:
ORDER OF DISMISSAL
This matter is before me pursuant to the Petitioner's request for a contested case hearing due
to the Respondent's issuance of an administrative order finding the Petitioner in violation of the
State Underground Petroleum Environmental Response Bank Act.
By my Order dated February 20, 1998, the parties to this case were required to file a
Prehearing Statement within fifteen (15) days of the date of the Order. The Respondent filed its
Agency Prehearing Statement on February 27, 1998. According to the Certificates of Service on file,
a copy of this document was provided to the Petitioner. Although the Petitioner has been given
ample notice and opportunity, he has not filed any Prehearing Statement as required by the February
20, 1998 Order. After the Petitioner failed to comply with the time period imposed in the February
20, 1998 Order, our office sent him a letter further requesting him to comply with that Order. He
also ignored that request.
Further, Petitioner has not requested an extension or enlargement of time pursuant to ALJD
Rule 3B to comply with this tribunal's order, but rather has been unresponsive to all
communications. "There is a limit beyond which the court should not allow a litigant to consume
the time of the court . . . ." Georganne Apparel, Inc. v. Todd, 303 S.C. 87, 92, 399 S.E.2d 16, 19 (Ct.
App. 1990).
The Petitioner is in default in this case. Rule 23, Rules of Procedure for the Administrative
Law Judge Division, allows an Administrative Law Judge to dispose of a contested case adverse to
a party for its failure to plead or comply with any interlocutory order of the Administrative Law
Judge.
IT IS THEREFORE ORDERED that this action be and is hereby dismissed and the
Petitioner is subject to the penalty or penalties imposed by the Respondent in this matter.
AND IT IS SO ORDERED.
_______________________________
Ralph King Anderson, III
Administrative Law Judge
May 21, 1998
Columbia, South Carolina
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