South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Bryan P. Irvin vs. SCDOI

AGENCY:
South Carolina Department of Insurance

PARTIES:
Petitioners:
Bryan P. Irvin

Respondents:
South Carolina Department of Insurance
 
DOCKET NUMBER:
00-ALJ-09-0545-CC

APPEARANCES:
n/a
 

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.


Brown Bldg.

 

 

 

 

 

Copyright © 2022 South Carolina Administrative Law Court