ORDERS:
ORDER OF DISMISSAL
This
matter comes before the Administrative Law Court (ALC or Court) pursuant to
S.C. Code Ann.
§§ 1-23-310 et seq. (2007), and S.C. Code Ann. § 38-43-130 (Supp.
2007) for a contested case hearing. Respondent is challenging the revocation of his insurance producer’s license. A hearing
was held on September 16, 2008, at the offices of the ALC in Columbia, South
Carolina. Petitioner was present at the hearing. However, the Respondent,
after receiving notice from the Court, did not appear at the hearing and did
not notify the Court that he would not be appearing.
After
waiting approximately fifteen (15) minutes for the Respondent to appear, the
Court commenced this hearing. Upon Motion of Petitioner, 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 Respondent
did not appear before the Court and did not otherwise contact this tribunal to
notify the Court that he 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
September 16, 2008
Columbia, South Carolina
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