ORDERS:
ORDER
This
matter is before the Administrative Law Court (Court or ALC) pursuant to a
request for a contested case hearing filed by Justine Nelson (Petitioner) on
December 13, 2005. Petitioner challenges the September 26, 2005 letter
(set-off letter) sent by Richland County EMS (Respondent) notifying Petitioner
of its intention to request the South Carolina Department of Revenue
(Department) to deduct an alleged debt for ambulance services provided by
Respondent in the amount of $505.00 from Petitioner’s income tax refunds.
Pursuant to notice to the parties, a hearing was held on June
13, 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 obtain consent from the Court to be excused from appearing. At the hearing, Respondent made a Motion to Dismiss pursuant to ALC Rule 23. 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 failed to appear at the hearing without
the proper consent of the Court and, as a result, failed to prosecute the
matter,
IT IS HEREBY ORDERED that Respondent may proceed with
its set-off debt collection in the amount of $454.50; and
IT IS FURTHER ORDERED that the above-captioned case is dismissed with prejudice.
AND IT IS SO ORDERED.
__________________________________
July 7, 2006 Marvin
F. Kittrell
Columbia, South Carolina Chief
Administrative Law Judge
A hearing in this matter was originally held before
the Court on April 11, 2006. At that hearing, Respondent asked for leave to
amend its set-off letter, which reflected that the debt was owed for ambulance
services provided by Respondent to Petitioner on October 11, 2004, to show the
actual date of service as December 17, 2003. Respondent asserted that the
erroneous date of service listed was the result of a scrivener’s error. Petitioner
moved that the Court dismiss the case, arguing that the sole matter before it
was whether services had been provided to her on October 11, 2004, the date
specified in the set-off letter. However, Petitioner requested that if the
Court allowed the set-off letter to be amended, it be given additional time to
prepare and proceed in this matter. By Order dated June 6, 2006, the Court
granted Respondent’s motion to amend its set-off letter and rescheduled the
matter for 10:00 a.m. on June 13, 2006 to allow Petitioner the opportunity to
prepare and present relevant evidence regarding Respondent’s claim that it
provided ambulance services to her on December 17, 2003, as well as
Respondent’s authority to file such amended claim as a set-off against any
income tax return refunds Petitioner may be entitled to in the future.
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