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. (1986 & Supp. 2003), and S.C. Code Ann. §§ 38-43-10 et seq.
(Supp. 2003) for a contested case hearing. Petitioner seeks revocation of Respondent’s
nonresident insurance agent’s/producer’s license for alleged violations of Chapter 43 of Title 38
of the Code of Laws of South Carolina. A hearing was held on January 6, 2005 at the offices of
the ALC in Columbia, South Carolina. The Respondent, after receiving timely notice from the
Court, did not appear at the hearing and did not notify the Court that he would not be appearing.
Counsel for the Department was present at the hearing.
After waiting approximately twenty (20) minutes for the Respondent to appear, the Court
commenced this hearing. Upon Motion of the Department, the Court then dismissed this action
and granted the relief sought by the Department.
Rule 23 of the Rules of Procedure for the Administrative Law Court 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, did not request a continuance, and did
not contact this tribunal to notify the Court that he would be late,
IT IS HEREBY ORDERED that the above-captioned case is dismissed with prejudice
and Respondent’s nonresident insurance agent’s/producer’s license is hereby revoked.
AND IT IS SO ORDERED.
_______________________________
Marvin F. Kittrell
Chief Administrative Law Judge
January 6, 2005
Columbia, South Carolina |
