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:
SCDOI vs.

AGENCY:
South Carolina Department of Insurance

PARTIES:
Petitioners:
South Carolina Department of Insurance

Respondents:
Reginald T. Byrden
 
DOCKET NUMBER:
98-ALJ-09-0355-CC

APPEARANCES:
n/a
 

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


Brown Bldg.

 

 

 

 

 

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