ORDERS:
ORDER OF DISMISSAL
This matter is before the Administrative Law Court (ALC or
Court) pursuant to Petitioner’s request for a contested case hearing regarding
the South Carolina Department of Consumer Affairs’ (Department) denial of her
application for a Mortgage Originator’s License. Pursuant to notice to the
parties, a hearing was held on June 6, 2006 at the offices of the ALC in
Columbia, South Carolina. Respondent was present at the hearing with both counsel and
witnesses. However, Petitioner did not appear before the hearing concluded and
did not notify the Court that she would not be appearing.
Upon the motion of counsel for the Respondent, the Court then dismissed this action.
Administrative Law Court 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 did not
appear before the Court,
IT IS HEREBY ORDERED that the above-captioned case is dismissed with
prejudice.
AND IT IS SO ORDERED.
__________________________________
June 6, 2006 Marvin
F. Kittrell
Columbia, South Carolina Chief
Administrative Law Judge
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