ORDERS:
ORDER OF DISMISSAL
This matter is before me pursuant to
a request for a contested case hearing filed Jacob E. Taiste, Jr., in which he
objected to the Retirement Systems denial of beneficiary death benefits. On September
4, 2007, I issued an Order for Prehearing Statements in which each party was
given fifteen (15) days to submit their Prehearing Statement. Pursuant to that
Order, the Department timely submitted its Prehearing Statement. However, the
Petitioner did not. Thereafter, by letter dated October 1, 2007, Petitioner Taiste
was granted an additional five (5) days to submit his Prehearing Statement. As
of the date of this Order of Dismissal, neither Petitioner nor anyone
representing Petitioner has contacted this office, either verbally or in
writing. Furthermore, no correspondence has been returned to the Administrative
Law Court (ALC or Court).
Based on the foregoing, this action
is dismissed pursuant to ALC Rule 23, with prejudice. 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 has failed to file his Prehearing
Statement and has not otherwise contacted this tribunal as of the issuance of
this Order,
IT IS HEREBY ORDERED that this matter is DISMISSED with
prejudice.
AND IT IS SO ORDERED.
_______________________________
Ralph
King Anderson, III
Administrative
Law Judge
October 15, 2007
Columbia, South Carolina
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