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 |