ORDERS:
ORDER OF DISMISSAL
This matter is before the undersigned judge based on a Request for a Contested Case Hearing made by the Petitioners and transmitted to the Court by the Respondent. On November 19, 2003 an Order for Prehearing Statements was issued and mailed to the parties. A Prehearing Statement was filed by the Respondent on December 4, 2003. The Petitioner never filed a statement. On December 16, 2003 a reminder letter and a blank form Prehearing Statement response were sent allowing the Petitioner ten (10) days to file the statement. None was received. By telephone call on January 12, 2004, Counsel for the Petitioner notified the court that the Petitioner would withdraw their request for a contested case hearing, and that a letter would be forthcoming. None was received.
“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.
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
October 23, 2005
Columbia, South Carolina |
