ORDERS:
ORDER GRANTING MOTION FOR DEFAULT JUDGMENT
On
March 28, 2007, Petitioner filed a Petition with the Administrative Law Court
seeking an Order from the court waiving administrative fines assessed by the Department
for violations of the South Carolina Consumer Credit Counseling Act.
The
Department filed an Answer on April 27, 2007 requesting, among other relief,
that Petitioner’s requests be denied and that this Court enforce Judge Geathers
October 9, 2006 Order for docket number 06-ALJ-30-0645-IJ affirming the
Department’s February 22, 2007 letter assessing fines and refunds against
Petitioner.
On
May 8, 2007, this Court issued an Order for Prehearing Statements. The
Department filed its Prehearing Statement with the Court on May 18, 2007. To
this date, the Petitioner has failed to submit a Prehearing Statement.
On
July 10, 2007, the Department filed a Motion for Default Judgment. The
Petitioner also failed to respond to this Motion.
“The
administrative law judge may dismiss a contested case...adverse to the
defaulting party. A default occurs when a party fails to plead or otherwise
prosecute or defend,...or fail to comply with an interlocutory order of the administrative
law judge.” ALC Rule 23.
It
appearing that the Petitioner has defaulted in this matter, this case is hereby DISMISSED.
AND
IT IS SO ORDERED.
______________________________
CAROLYN C.
MATTHEWS
Administrative
Law Judge
November 6, 2007
Columbia, South Carolina
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