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:
Alfred M. Beers vs. Beaufort County Auditor

AGENCY:
Beaufort County Auditor

PARTIES:
Petitioner:
Alfred M. Beers

Respondent:
Beaufort County Auditor
 
DOCKET NUMBER:
03-ALJ-17-0045-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

This matter is before me pursuant to a request for a contested case hearing. On February 5, 2003, I issued an Order for Preliminary Tax Statements in which each party was given thirty (30) days to submit their Preliminary Tax Statements. Pursuant to that Order, the Petitioner timely submitted his Preliminary Tax Statement but the Respondent did not. By letter dated March 13, 2003, the Respondent was granted an additional ten (10) days to submit its Preliminary Tax Statement. As of the date of this Order of Dismissal, this office has received no contact from the Respondent, either verbally or in writing, regarding this filing. Furthermore, no correspondence has been returned to the Division as “unclaimed.”

Based on the foregoing, this action is dismissed pursuant to Administrative Law Judge Division 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 the Respondent has failed to file its Preliminary Tax Statement and has not otherwise contacted this tribunal as of the issuance of this Order,

IT IS HEREBY ORDERED that this matter is dismissed with prejudice and that the Petitioner be granted the relief he requested.

AND IT IS SO ORDERED.

_______________________________

Ralph King Anderson, III

Administrative Law Judge



April 1, 2003

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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