South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOI vs. David F. Ward

AGENCY:
South Carolina Department of Insurance

PARTIES:
Petitioners:
South Carolina Department of Insurance

Respondents:
David F. Ward
 
DOCKET NUMBER:
07-ALJ-09-0601-CC

APPEARANCES:
For Petitioner:
David Belton, Esquire

For the Respondent:
No Appearance
 

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[1] 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



[1] Though Mr. Ward is captioned as the Respondent in this case, it is noteworthy that he is the party that initiated this action by filing a request for contested case hearing challenging the Department’s revocation of his license.


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