ORDERS:
ORDER OF DISMISSAL
This
matter is before the undersigned judge based on a Request for a Contested Case
Hearing filed by the Petitioner on October 7, 2008. On November 10, 2008 an
Order for Prehearing Statements was issued and mailed to the parties. A
Prehearing Statement was filed by the Respondent on November 20, 2008. The
Petitioner never filed a statement. Respondent filed a Notice and Motion to Dismiss
on January 12, 2009. The Court never received a response to this motion. On January
15, 2009 a reminder letter was sent allowing the Petitioner ten (10) days to
file the statement. None was received. The letter was returned and labeled as
“not deliverable” on January 22, 2009.
“The
administrative law judge may dismiss a contested case...adverse to the
defaulting party. A default occurs when a party fails to plead or otherwise
prosecute or defend,...or fail to comply with an interlocutory order of the
administrative law judge.” ALC Rule 23(A).
It
appearing that the Petitioner has defaulted in this matter, this case is hereby DISMISSED.
AND
IT IS SO ORDERED.
______________________________
CAROLYN C.
MATTHEWS
Administrative
Law Judge
February 17, 2009
Columbia, South Carolina
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