ORDERS:
ORDER OF DISMISSAL FOR DEFAULT
On February 12, 1999, an ORDER was issued to all parties requiring the filing of a Prehearing
Statement within fifteen (15) days of the date of that ORDER. Given the additional five (5) day
extension allowed for mailing under ALJD Rule 5(C), the Prehearing Statement was due on March
4, 1999. Respondent, Jerry W. Steen failed to file the Prehearing Statement.
On March 16, 1999, Respondent was again directed to file the Prehearing Statement on or before
Monday, March 22, 1999. No Prehearing Statement was received by the close of business on the
extension date of March 22, 1999, and thus Respondent 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 Respondent's failure to prosecute this action, the Respondent is in default.
2. South Carolina Department of Insurance, having complied in this matter, is not in default.
3. As the result of the default, the case is dismissed and the action is ended.
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
This 24th day of March, 1999
Columbia, South Carolina |