ORDERS:
ORDER OF DISMISSAL
On September 22, 2000, an Order was issued to all parties requiring the filing of Prehearing Statements within fifteen (15) days of
that Order. The Prehearing Statements were due on October 9, 2000. The Petitioner filed its Prehearing Statement on October 3,
2000. Although the Respondent has been given ample notice and opportunity, she has not filed any Prehearing Statement as required
by the September 22, 2000 Order. After the Respondent failed to comply with the time period imposed in that Order, the office of the
undersigned sent her a letter on October 16, 2000, further requesting compliance with the Order. That letter was sent via certified
U.S. mail. The signed return receipt (PS Form 3811) was received by this office on October 18, 2000, evidencing that the
Respondent did receive that letter. The letter required that a Prehearing Statement be filed no later than October 26, 2000. As of the
date of this Order of Dismissal, the Respondent has failed to submit a Prehearing Statement.
Upon a party's failure to prosecute an action or upon 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. Rule 23, ALJDRP. As the Respondent
has failed to submit a Prehearing Statement as ordered by this Court, I find that she is in default and that this case must be dismissed
pursuant to ALJD Rule 23.
IT IS THEREFORE ORDERED that this matter is hereby dismissed.
AND IT IS SO ORDERED.
______________________________
Ralph King Anderson, III
Administrative Law Judge
November 6, 2000
Columbia, South Carolina |
