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:
Joseph L. Peters vs. SCDOI

AGENCY:
South Carolina Department of Insurance

PARTIES:
Petitioners:
Joseph L. Peters

Respondents:
South Carolina Department of Insurance
 
DOCKET NUMBER:
99-ALJ-09-0479-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

On September 22, 1999, an Order was issued to all parties requiring the filing of Prehearing Statements within fifteen (15) days of that Order. Given the additional five (5) day extension allowed for mailing under ALJD Rule 5(c), the Prehearing Statements were due on October 12, 1999. The Petitioner failed to file the Prehearing Statement.



On October 13, 1999, the Petitioner was again directed to file the Prehearing Statement on or before October 22, 1999. No Prehearing Statement was received by the close of business on the extension date of October 22, 1999, and thus Petitioner failed to comply with the Order.



Upon a party's failure to defend an action or upon a failure to adhere to an interlocutory order, the Administrative Law Judge may dismiss a contested case in a manner so as to uphold the position of the party in compliance. ALJD Rule 23.



Therefore, IT IS ORDERED:



1. Due to the Petitioner's failure to defend this action, the Petitioner is in default.

2. South Carolina Department of Insurance, having complied in this matter, is not in default.

3. As a result of the default, the case is dismissed and the action is ended.



AND IT IS SO ORDERED.



____________________________________

CAROLYN C. MATTHEWS

Administrative Law Judge



October 22, 1999.

Columbia, South Carolina.


Brown Bldg.

 

 

 

 

 

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