ORDERS:
ORDER OF DISMISSAL
Pursuant to this tribunal's June 18, 1998 Order for Prehearing Statements, each party was
required to file a Prehearing Statement with the Administrative Law Judge Division and serve all
parties within fifteen (15) days of the date of the Order. Respondent was reminded of his obligation
to comply with the Order by a letter from this tribunal dated July 22, 1998. In this letter, he was
granted an extension, sua sponte, until July 28, 1998, to file his Prehearing Statement. Pursuant to
a subsequent telephone call from Respondent, the filing deadline was enlarged to July 31, 1998.
By virtue of Respondent's request for a contested case, he has an obligation to advance his
position. Although Respondent has been given abundant opportunity to comply, Respondent has not
complied with this tribunal's Order for Prehearing Statements. "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).
Pursuant to ALJD Rule 23, this matter is hereby dismissed. This Rule provides:
The administrative law judge may dismiss a contested case
or dispose of a contested case adverse to the defaulting party.
A default occurs when a party fails to respond or otherwise
prosecute or defend, fails to appear at a hearing without the
proper consent of the judge or fails to comply with any
interlocutory order of the administrative law judge. Any
non-defaulting party may move for an order dismissing the
case or terminating it adversely to the defaulting party.
ALJD Rule 23 (1997) (emphasis added).
IT IS THEREFORE ORDERED that the above-captioned case is hereby dismissed and
the Respondent is subject to the penalty or penalties imposed in this matter.
AND IT IS SO ORDERED.
________________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1677
August 5, 1998
Columbia, South Carolina |
