ORDERS:
ORDER OF DISMISSAL
This matter is
before me pursuant to a request for a contested case hearing filed by J.R.
Scarborough, in which he objected to the Department of Health and Environmental
Control’s (Department) granting of an agricultural permit. On September 22,
2008, 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 and Respondent timely submitted their Prehearing
Statements. However, the Petitioner did not. Thereafter, by letter dated October
14, 2008, Petitioner Scarborough was granted an additional ten (10) days to
submit his Prehearing Statement. As of the date of this Order of Dismissal, the
Petitioner has not submitted his Prehearing Statement. Petitioner contacted
this office in the form of a letter expressing his concerns over the captioning
of the case. He furthermore submitted a copy of all documentation in the
file. He did not, however, include a Prehearing Statement. Instead, he asked
for an additional fourteen (14) days in which to submit his Prehearing
Statement. The additional fourteen days would extend the due date of
Petitioner’s Prehearing Statement by over thirty five (35) days.
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 Petitioner has failed
to file his Prehearing Statement and has been given ample opportunity in which
to do so,
IT IS HEREBY
ORDERED that this matter is DISMISSED with prejudice.
AND IT IS SO
ORDERED.
_______________________________
Ralph King Anderson, III
Administrative Law Judge
November 3, 2008
Columbia, South Carolina
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