South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Justine Nelson vs. Richland County EMS

AGENCY:
Richland County EMS

PARTIES:
Petitioner:
Justine Nelson

Respondent:
Richland County EMS
 
DOCKET NUMBER:
05-ALJ-30-0518-CC

APPEARANCES:
n/a
 

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.[1]

Pursuant to notice to the parties, a hearing was held on June 13, 2006, at the offices of the ALC in Columbia, South Carolina.[2] 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.[3] 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



[1] Petitioner protested the set-off letter and a hearing was held before Hearing Officer Roxanne L. Matthews on November 16, 2005. In her Order, she reduced the debt to $454.50.

[2] 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.

[3] Petitioner’s husband, Fred Nelson, did appear at the hearing. However, he was informed that he could not proceed with the case in his wife’s absence. At the previous hearing in this matter on April 11, 2006, upon Petitioner’s request, Mr. Nelson was allowed to assist her with the presentation of her case due to her difficulty in communicating with the Court as a result of a pulmonary embolism she had recently suffered. However, Petitioner was present at that hearing and testified before the Court.


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