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:
SCDOR vs. Larry G. Ballard

AGENCY:
South Carolina Department of Insurance

PARTIES:
Petitioners:
South Carolina Department of Insurance

Respondents:
Larry G. Ballard
 
DOCKET NUMBER:
07-ALJ-09-0531-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

Pursuant to this court’s order of October 24, 2007, each party was required to file a prehearing statement with the Administrative Law Court and serve all parties within twenty days of the date of the order. Respondent was reminded by letter dated January 22, 2008, that his prehearing statement was late and was required to submit one by January 29, 2008. However, Respondent has not responded to this court’s order for a prehearing statement or to the follow up letter. Pursuant to ALC Rule 23(B), this matter is hereby dismissed. This rule provides:

Upon motion of any party, or on its own motion, the Court may dismiss a contested case for failure to comply with any of the rules of procedure for contested cases, including the failure to comply with any of the time limits provided by this section.

ALC Rule 23(B) (2007) (emphasis added).

By virtue of Respondent's request for a contested case, he has an obligation to advance his position. Respondent has not requested an extension or enlargement of time pursuant to ALC Rule 3(B) to comply with this court’s order, but rather has been unresponsive to all communications. Respondent has been given abundant opportunity to comply. “There is a limit beyond which the court should 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.

______________________________

April 11, 2008 JOHN D. GEATHERS

Columbia, South Carolina Administrative Law Judge

1205 Pendleton Street, Suite 224

Columbia, South Carolina 29201-3731


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