ORDERS:
ORDER OF DISMISSAL FOR DEFAULT
On July 27, 1998, 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 Statement was due on August 17, 1998.
On July 30, 1998, Petitioner requested a fifteen (15) day extension for filing his Prehearing
Statement. An Order was signed granting the extension for Petitioner's filing and serving of the
Prehearing Statement until August 26, 1998. Petitioner failed to file the Prehearing Statement by
the close of business on the extension date of August 26, 1998.
Petitioner has failed to proceed with this action, and has failed to adhere to an interlocutory order.
Under such circumstances, 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:
1. Due to Petitioner's failure to proceed with this action, Petitioner is in default.
2. The South Carolina Department of Health and Environmental Control, having
complied in this matter, is not in default.
3. As the result of the default, Petitioner's challenge to DHEC's denial of Application
No. 98-0139 for a septic tank permit for a five (5) acre lot represented by TMS
Number 125-00-00-009 in Dorchester County, South Carolina, is dismissed, and this
matter is hereby ended.
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
This 28th day of August, 1998
Columbia, South Carolina |
