ORDERS:
ORDER OF DISMISSAL FOR DEFAULT
On October 21, 1999, an ORDER was issued to all parties requiring the filing of a Prehearing Statement 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 Statement was due on November 10, 1999. Petitioner failed to file the Prehearing Statement.
On November 10, 1999, Petitioner was again directed to file the Prehearing Statement on or before Wednesday, November
17, 1999. No Prehearing Statement was received by the close of business on the extension date of November 17, 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 prosecute this action, the Petitioner is in default.
2. South Carolina Department of Insurance, having complied in this matter, is not in default.
3. As the result of the default, this action is ended.
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
This 23rd day of November, 1999
Columbia, South Carolina |
