South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550 Fax: (803) 734-6400

SC Administrative Law Court Decisions

CAPTION:
David M. Alexis vs. SCDOI

AGENCY:
South Carolina Department of Insurance

PARTIES:
Petitioners:
David M. Alexis

Respondents:
South Carolina Department of Insurance
 
DOCKET NUMBER:
00-ALJ-09-0535-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

This matter is before the Administrative Law Judge Division (Division) pursuant to the Petitioner's request for a contested case hearing to review a decision of the Respondent, South Carolina Department of Insurance (Department), denying the Petitioner's application to be licensed as a resident insurance agent and bail bondsman. A hearing on the merits in this matter was scheduled for Wednesday, March 21, 2001, at 1:00 p.m., at the offices of the Administrative Law Judge Division in Columbia, South Carolina. An Amended Notice of Hearing, setting the hearing for the aforementioned date and time, was mailed to counsel for both parties on March 13, 2001. The Amended Notice of Hearing provided that failure to appear at the hearing may result in "dismissal of the case or striking of the pleadings of the party who fails to appear."

Counsel for the Department was present at the appointed time and place for the hearing on the merits in this matter. However, neither the Petitioner nor his counsel appeared for the hearing, nor did they notify the Court or the Clerk's Office of any reason why they could not attend the hearing as scheduled. Furthermore, no request for a continuance of the hearing was made. Therefore, at 1:24 p.m. on Wednesday, March 21, 2001, Petitioner having failed to appear either in person or through counsel, the Department moved for dismissal of this matter pursuant to ALJD Rule 23 and SCRCP 41(b), and this Court granted the motion.

IT IS THEREFORE ORDERED that this case is hereby dismissed.

AND IT IS SO ORDERED.

________________________________________

Marvin F. Kittrell

Chief Judge

Columbia, South Carolina

March 21, 2001


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