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:
SCDOI vs. William W, Kirby, Jr.

AGENCY:
South Carolina Department of Insurance

PARTIES:
Petitioners:
South Carolina Department of Insurance

Respondents:
William W, Kirby, Jr.
 
DOCKET NUMBER:
97-ALJ-09-0389-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

Pursuant to this tribunal's order of August 7, 1997, each party was required to file a prehearing statement with the Administrative Law Judge Division and serve all parties within fifteen (15) days of the date of the order. However, Respondent has not responded to this tribunal's order for a prehearing statement or to a letter from this tribunal dated September 3, 1997, requesting the filing of a prehearing statement by September 17, 1997. Pursuant to ALJD Rule 23, this matter is hereby dismissed. This Rule provides:

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 respond

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 (1997) (emphasis added).

By virtue of the Respondent's request for a contested case, he has an obligation

to defend his position. Respondent 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 all communications. Respondent 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).

IT IS THEREFORE ORDERED that the above-captioned case is hereby dismissed and the Respondent is subject to the penalty or penalties imposed in this matter.

AND IT IS SO ORDERED.



JOHN D. GEATHERS

Administrative Law Judge

Post Office Box 11667

Columbia, South Carolina 29211-1677



September 22, 1997

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

Copyright © 2021 South Carolina Administrative Law Court