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. Mary B. O'Dell

AGENCY:
South Carolina Department of Insurance

PARTIES:
Petitioners:
South Carolina Department of Insurance

Respondents:
Mary B. O'Dell
 
DOCKET NUMBER:
99-ALJ-09-0480-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

On September 22, 1999, an Order 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 October 12, 1999. The Respondent failed to file the Prehearing Statement.



On September 30, 1999, this Court granted the Respondent an extension of time within which to file the Prehearing Statement until October 22, 1999. No Prehearing Statement was received by the close of business on the extension date of October 22, 1999, and thus the Rerspondent 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 defend this action, the Respondent 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



October 22, 1999.

Columbia, South Carolina.


Brown Bldg.

 

 

 

 

 

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