ORDERS:
ORDER OF DISMISSAL
This
matter is before me pursuant to a request for a contested case hearing filed by
Larry Johnson, in which he objected to the South Carolina Department of
Consumer Affairs' (Department) denial of a Broker License for Direct Mortgage
Online. On April 20, 2006, I issued a Notice of Hearing scheduling a hearing on
the merits of the above referenced action to begin at 10:00 a.m. on Wednesday,
June 21, 2006. The Notice of Hearing was served on the parties of record on
April 20, 2006.
The
hearing on the merits of this action began at 10:10 a.m., allowing Petitioner
Johnson additional time to appear. Petitioner Johnson failed to appear at the
hearing. 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.
The
Department made a motion to dismiss the above referenced case based on
Petitioner’s failure to appear at the hearing. Because the Petitioner has
failed to appear at the hearing I find Petitioner Johnson in default, and
IT
IS HEREBY ORDERED that this matter is DISMISSED WITH PREJUDICE.
AND
IT IS SO ORDERED.
_________________________________
John D. McLeod
Administrative
Law Judge
June 22, 2006
Columbia, South Carolina |
