ORDERS:
ORDER OF DISMISSAL
Pursuant to this tribunal’s order of December 13, 2007, a hearing on the merits of this action before the undersigned Judge was convened at or about 10:05 a.m. on Wednesday, January 16, 2008. The convening was delayed for approximately five (5) minutes to allow the Petitioner additional time to appear. The Petitioner failed to appear and the Respondent moved for dismissal. Therefore, pursuant to ALC Rule 23, this matter is hereby dismissed.
ALC Rule 23 provides that:
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.
ALC Rule 23 (2007).
By virtue of its request for a contested case, Petitioner had an obligation to defend his position. However, Petitioner failed to appear at the hearing and has been unresponsive to all communications. “There is a limit beyond which the court should not allow a litigant to consume the time of the court…” Georganne Apparel, Inc. v. Todd, 303 S.C. 87, 92, 399 S.E.2d 16, 19 (Ct. App. 1990).
IT IS THEREFORE ORDERED that the above-captioned case is hereby DISMISSED with prejudice.
AND IT IS SO ORDERED.
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JOHN D. MCLEOD
Administrative Law Judge
January 16, 2008
Columbia, South Carolina
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