ORDERS:
ORDER
This is a contested case
brought by Petitioner Mindy Maiden challenging the decision of the South
Carolina Retirement Systems (Department) which denied Petitioners application
for disability retirement benefits. A hearing was held before me on April 24,
2007 at the offices of the Administrative Law Court (ALC) in Columbia, South Carolina. The Petitioner, after receiving notice from the Court, did not appear at
the hearing, and did not notify the Court that she would not be appearing.
After waiting
approximately fifteen (15) minutes for the Petitioner to appear, the Court
commenced this hearing. Upon Motion of Respondent, the Court then dismissed
this action under Administrative Law Court Rule 23. ALC Rule 23 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
plead 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.
Because the Petitioner did not appear
before the Court and did not otherwise contact this tribunal to notify the
Court that she would be late or absent,
IT IS HEREBY ORDERED that the above-captioned case is DISMISSED
with prejudice.
AND IT IS SO ORDERED.
_______________________________
Ralph
King Anderson, III
Administrative
Law Judge
April 24, 2007
Columbia, South Carolina
|