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:
Simon Peralta, d/b/a Super Market Conasuper vs. DOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Simon Peralta, d/b/a Super Market Conasuper
314 Blackburn St.
York, SC

Respondent:
South Carolina Department of Revenue
 
DOCKET NUMBER:
02-ALJ-17-0495-CC

APPEARANCES:
n/a
 

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


Brown Bldg.

 

 

 

 

 

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