ORDERS:
ORDER OF DISMISSAL
This matter is before the undersigned judge based on a Request for a Contested Case Hearing made by the Petitioner and
transmitted to the Division by the Respondent. On November 26, 2002, an Order for Prehearing Statements was issued and
mailed to the parties. The order to Petitioner was mailed to the street address shown on the application. The Prehearing
Statement was to be filed by December 11, 2002.
On December 31, 2002, a letter and a copy of the Order for Prehearing Statements were sent to the street address advising
the Petitioner to file the statement no later than January 10, 2003. None was received. This office placed a telephone call
to the number listed on the application on or about January 15, 2003. The woman who answered the call indicated that she
did not speak English very well, and that Mr. Peralta was not in and would not be in until after 7 PM. She said that she
could not take a message.
"The administrative law judge may dismiss a contested case...adverse to the defaulting party. A default occurs when a party
fails to plead or otherwise prosecute or defend,...or fail to comply with an interlocutory order of the administrative law
judge." ALJD Rule 23.
It appearing that the Petitioner has defaulted in this matter, this case is hereby DISMISSED.
AND IT IS SO ORDERED.
______________________________
CAROLYN C. MATTHEWS
January 21, 2003 Administrative Law Judge
Columbia, South Carolina |