ORDERS:
ORDER OF DISMISSAL
This matter is
before me pursuant to a request for an injunction filed by the South Carolina
Department of Consumer Affairs (Department), in which the Department sought the
issuance of a Cease and Desist Order and sanctions against Respondents. On November
7, 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 Respondent
did not. Thereafter, by letter dated December 3, 2007, Respondent was granted
an additional five (5) days to submit his Prehearing Statement. As of the date
of this Order of Dismissal, neither Respondent nor anyone representing Respondent
has filed a Prehearing Statement. 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 Respondent has failed
to filed 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.
IT IS FURTHERMORE
ORDERED that Respondent Cease and Desist operating as a Pawnbroker.
IT IS
FURTHERMORE ORDERED that Petitioner file a Motion with the Court if they
would like to seek sanctions against Respondent.
AND IT IS SO
ORDERED.
_______________________________
Ralph King Anderson, III
Administrative Law Judge
March 11, 2008
Columbia, South Carolina
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