ORDERS:
ORDER OF DISMISSAL
On October 12, 2000, an Order for Prehearing Statements 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 November 1, 2000. The Petitioner failed to file the Prehearing Statement.
On November 15, 2000, the Petitioner was again directed to file the Prehearing Statement on or before November 20, 2000. No
Prehearing Statement was received by the close of business on the extension date of November 20, 2000, 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 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
December 12, 2000
Columbia, South Carolina. |
