ORDERS:
ORDER OF DISMISSAL
Pursuant to my order dated December 22, 1998, each party in this contested case was
required to file a prehearing statement with the Administrative Law Judge Division and to serve the
same on all parties within fifteen (l 5) days of the date of the order. The Notice of Hearing
("Notice") and Order for Prehearing Statements ("Order") were sent to the Respondent by way of
certified mail. However, it remained unclaimed by Respondent and was returned to the division.
On January 19, 1999, the division sent a letter along with the Notice and Order to the Respondent
by way of certified and regular U.S. mail granting him an additional ten (10) days to respond to the
Order. The Respondent did not respond to the letter requesting the filing of a prehearing statement
by January 29, 1999. Pursuant to ALJD Rule 23, this matter is hereby dismissed. This Rule
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 respond 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.
ALJD Rule 23 (1997) (emphasis added).
By virtue of Respondent's request for a contested case, he has an obligation to defend his
position. Respondent has not requested an extension or enlargement of time pursuant to ALJD Rule
3B to comply with this division's order, but rather has been unresponsive to all communications.
Respondent has been given abundant opportunity to comply. "There is a limit beyond which the
court should not allow a litigant to consume the time of the court . . . ." Georganne Apparel, Inc. v.
Todd, 303 S.C. 87, 92, 399 S.E.2d 16, 19 (Ct. App. 1990).
IT IS THEREFORE ORDERED that the above-captioned case is hereby dismissed and
the Respondent is subject to the penalty or penalties imposed in this matter.
AND IT IS SO ORDERED.
________________________________
Ralph K. Anderson, III
Administrative Law Judge
February 4, 1999
Columbia, South Carolina |
