ORDERS:
ORDER OF DISMISSAL
This matter is before the South Carolina Administrative Law Judge Division ("Division") pursuant to a request for an appeal
filed by Richard K. Herman ("Appellant"). The South Carolina Department of Insurance ("Respondent") issued its Order
Revoking Agent's License based upon an Affidavit of Default. Pursuant to S.C. Code Ann. § 38-3-170 (Supp. 1998),
Respondent served a Letter of Allegation and Notice of Opportunity for Public Hearing relative to Appellant's non-resident
insurance agent license. Respondent found Appellant in default in that no response was made or hearing requested in the
matter within a ten day time period. By letter dated July 14, 1999, Appellant requested an appeal of Respondent's Order,
which was subsequently filed with the Division on July 20, 1999.
On July 22, 1999, the Division issued an Order Governing Procedure, which required the Respondent to file the Record on
Appeal; and Appellant and Respondent to file Briefs. The Order Governing Procedure was sent by certified mail, return
receipt requested to the Appellant. Appellant received the Order Governing Procedure on August 2, 1999. The Record on
Appeal was filed with the Division on August 3, 1999. To date, the Appellant has not filed his Brief. ALJD Rule 23
provides:
The administrative law judge may dismiss a contested case or dispose of a contested case adversely 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.
ALJD Rule 23 (1998).
By virtue of Appellant's request for appeal, he has an obligation to defend his position. Appellant has not requested an
extension or enlargement of time pursuant to ALJD Rule 3B to comply with this tribunal's order, but rather has been
unresponsive to communications. Appellant 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). Therefore, Richard K. Herman's appeal is deemed abandoned.
IT IS THEREFORE ORDERED that the above-referenced matter is hereby DISMISSED.
AND IT IS SO ORDERED.
_____________________________________
MARVIN F. KITTRELL
Chief Administrative Law Judge
September 9, 1999
Columbia, South Carolina. |
