ORDERS:
ORDER OF DISMISSAL
This matter is before me pursuant to a request for a contested case hearing filed by Walter Bromberg, in which he objected to Respondent's denial of his application for a mortgage broker originator's license. On July 8, 2005, 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, South Carolina Department of Consumer Affairs timely submitted its Prehearing Statement. However, Petitioner did not. Thereafter, by letter dated August 17, 2005, Petitioner Bromberg was granted an additional ten (10) days to submit his Prehearing Statement. As of the date of this Order of Dismissal, neither Petitioner nor anyone representing Petitioner has contacted this office, either verbally or in writing. Furthermore, no correspondence has been returned to the Administrative Law Court (ALC or Court).
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 Petitioner has failed to filed his Prehearing Statement and has not otherwise contacted this Court as of the issuance of this Order,
IT IS HEREBY ORDERED that this matter is dismissed with prejudice.
AND IT IS SO ORDERED.
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Ralph King Anderson, III
Administrative Law Judge
September 14, 2005
Columbia, South Carolina |
