ORDERS:
ORDER OF DISMISSAL
This matter was pending before the Administrative Law Judge Division pursuant to S. C. Code
Ann. §§ 38-43-130 and 38-43-50 (1976, as amended) and 25A S. C. Code Ann. Regs. 69-23
(6)(g) (1976, as amended) upon Petitioner's application to be licensed as Resident Insurance
Agent. After notices to the parties, a hearing was scheduled for September 6, 1995 at 2:00 p.m.
FINDINGS OF FACT
1. An Order for the filing of Prehearing Statements was mailed to parties on July 31, 1995, by
certified mail return receipt requested to Petitioner. The receipt was returned to our office signed
August 1, 1995 signed by John F. Davis. The statements were due within fifteen (15) days of
receipt of the Order.
2. Petitioner failed to file Prehearing Statements by the required filing date.
3. Notice was sent to Petitioner, by certified mail return receipt requested on August 24, 1995,
advising that Prehearing Statements were past due and should be filed in our office no later than
August 31, 1995. The certified receipt was returned dated August 26, 1995. Petitioner again
failed to respond.
4. Notice of the Hearing scheduled for September 6, 1995 at 2:00 p.m. was sent to Petitioner on
July 31, 1995 by certified mail with the Order for Prehearing Statements.
5. At 1:30 p.m. on the day of the hearing, Petitioner was contacted to determine if he planned to
appear at the hearing. Petitioner stated that he would not be present, because his wife was ill.
Petitioner did not request a continuance and offered no explanation regarding his failure to
comply with Orders of the Division.
6. Petitioner failed to appear at scheduled hearing on September 6, 1995.
7. Petitioner is in default.
CONCLUSIONS OF LAW
1. Pursuant to Rule 23 of the Rules of Procedure of the Administrative Law Judge Division, 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. The Department
moved for a default against Petitioner and for an Order dismissing the case.
2. The only inference that can be reached from the actions of Petitioner is that he did not wish to
pursue this matter. It is therefore,
ORDER
ORDERED, that the Petitioner's petition be DISMISSED in default.
AND SO IT IS ORDERED.
________________________
ALISON RENEE LEE
Administrative Law Judge
September _____, 1995
Columbia, South Carolina. |
