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:
Mindy Maiden vs. SCBCB

AGENCY:
South Carolina Budget and Control Board

PARTIES:
Petitioner:
Mindy Maiden

Respondent:
South Carolina Budget and Control Board, South Carolina Retirement Systems
 
DOCKET NUMBER:
06-ALJ-30-0917-CC

APPEARANCES:
For Petitioner: No Appearance

For Respondent: Justin R. Werner, Esquire
 

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


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