ORDERS:
ORDER OF DISMISSAL
On September 5, 1995, an ORDER was issued to all parties requiring the filing with me of
Prehearing Statements within fifteen (15) days of the date of that ORDER. Given the additional
five (5) day extension allowed for mailing under ALJD Rule 5(C), the Prehearing Statements were
due on Monday, September 25, 1995. The Petitioner failed to file Prehearing Statements;
however, the Petitioner called stating that his Prehearing Statement would be arriving within the
proceeding seven (7) days. On October 2, 1995, a letter was received from the Petitioner
verifying that he was granted an additional seven (7) day extension via telephone.
On October 12, 1995, the Petitioner was again directed via telephone to file the Prehearing
Statement. He stated that he was sending a fax explaining his reasoning for his Prehearing
Statement arriving late. The fax arrived on that date, stating that his Prehearing Statement would
be arriving within the next ten (10) days. No Prehearing Statement was received by the close of
business on the extension date of October 23, 1995. The Administrative Law Judge may dismiss
a contested case adverse to any party who fails to comply "with any interlocutory order." (ALJD
Rule 23). The Petitioner failed to comply with the September 5, 1995, Order. On November 2,
1995, the Respondent filed a Motion to Dismiss on the grounds that the Petitioner has failed to
prosecute this action by failing to adhere to an interlocutory order. The motion is granted.
Therefore, IT IS ORDERED that the above-captioned case be and hereby is dismissed and the
hearing scheduled for 10:00 a.m. on Monday, December 11, 1995, is cancelled.
_______________________________________
RAY N. STEVENS
Administrative Law Judge
November 13, 1995
Columbia, South Carolina |
