ORDERS:
ORDER OF DISMISSAL
Pursuant to ALJD Rule 23, a default occurs in a contested case when a party fails to respond or otherwise prosecute or defend, or fails
to comply with any interlocutory order of the administrative law judge. An administrative law judge may dismiss or dispose of a
contested case adversely to the defaulting party.
Pursuant to ALJD Rule 8, the Administrative Law Judge issued an Order for Prehearing Statements on June 2, 2000, requiring the
parties to file Prehearing Statements with the Administrative Law Judge Division ("ALJD") on or before June 22, 2000. The
Petitioner filed its Prehearing Statement with ALJD on June 13, 2000.
By letter dated July 18, 2000, the ALJD informed Respondents Paula B. Simmons and Emerald Insurance Agency that their
Prehearing Statement was past due and that the time had been extended to July 28, 2000, for the Respondents to file their Prehearing
Statement. No Prehearing Statement was filed by Respondents on or before July 28, 2000.
By letter dated September 15, 2000, sent certified mail, the ALJD again informed Respondents Paula B. Simmons and Emerald
Insurance Agency that their Prehearing Statement was past due and that if the Prehearing Statement was not filed with the ALJD on
or before September 25, 2000, the above matter would be dismissed pursuant to ALJD Rule 23 for failure to comply with the Order.
As of September 29, 2000, the Respondents have not filed a Prehearing Statement with the ALJD or contacted the ALJD, and they are
in default.
Adequate notice was given to Respondents of the terms of the Order and the consequences for failure to comply. Respondents were
provided 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 Respondents Paula B. Simmons and Emerald Insurance Agency are in default. The relief
requested by Petitioner in its Prehearing Statement is hereby granted and the Respondents' resident insurance agent and agency
licenses are revoked.
AND IT IS SO ORDERED.
_______________________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
September 29, 2000
Columbia, South Carolina |
