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 |