ORDERS:
ORDER OF DISMISSAL
This
matter comes before the Administrative Law Court (ALC or Court) pursuant to a
request for contested case hearing. A hearing was held on May 20, 2008 at the
offices of the ALC in Columbia, South Carolina. Respondent was present at the
hearing. However, the Petitioner, after receiving notice from the Court, did
not appear at the hearing and did not notify the Court that they would not be
appearing.
After
waiting approximately fifteen (15) minutes for the Petitioner to appear, the
Court commenced this hearing. Upon Motion of Respondent, the Court then
dismissed this action under Administrative Law Court Rule 23. ALC 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
did not appear before the Court and did not otherwise contact this tribunal to
notify the Court that they would be late or absent,
IT
IS HEREBY ORDERED that the above-captioned case is DISMISSED with
prejudice.
AND
IT IS SO ORDERED.
_______________________________
Ralph King Anderson, III
Administrative Law Judge
May 22, 2008
Columbia, South Carolina
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