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:
John F. Davis vs. SCDOI

AGENCY:
South Carolina Department of Insurance

PARTIES:
Petitioners:
John F. Davis

Respondents:
South Carolina Department of Insurance
 
DOCKET NUMBER:
95-ALJ-09-0509-CC

APPEARANCES:
Andrew F. Litvin, Esquire for Department of Insurance
 

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.


Brown Bldg.

 

 

 

 

 

Copyright © 2021 South Carolina Administrative Law Court