South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Charles L. Myrick, Jr vs. SCDOI

AGENCY:
South Carolina Department of Insurance

PARTIES:
Petitioner:
South Carolina Department of Insurance

Respondent:
Charles L. Myrick, Jr
 
DOCKET NUMBER:
04-ALJ-17-0320-CC

APPEARANCES:
For the Department of Insurance:
Joseph D. McMaster, 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. (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. Footnote

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


Brown Bldg.

 

 

 

 

 

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