SC Administrative Law Court Decisions

By an Order of Dismissal issued on May 21, 2003, this tribunal found Petitioner in default and dismissed the above-captioned matter for Petitioner’s failure to file a Pretrial Brief pursuant to a prior order. During a telephone conference with attorneys for both parties the following day, counsel for Petitioner explained that she did not recall receiving a copy of this tribunal’s prior order regarding the Pretrial Briefs and therefore was unaware that the Pretrial Briefs had been ordered. By a Motion to Set Aside Default filed May 28, 2003 , Petitioner moved this tribunal to set aside the default and Order of Dismissal and reopen this matter for good cause . Therefore, as Petitioner has presented sufficient grounds for reopening this matter,

IT IS HEREBY ORDERED that the above-captioned case will be reinstated to the active docket of the Administrative Law Judge Division.

IT IS FURTHER ORDERED that this action will be heard on the merits before the Administrative Law Judge at 10:00 a.m. on June 25, 2003, at the Administrative Law Judge Division, Edgar A. Brown Building, 1205 Pendleton Street, Suite 224, Columbia, South Carolina. Parties and/or counsel shall arrive fifteen (15) minutes prior to the hearing. If voluminous exhibits are anticipated parties and/or counsel shall arrive thirty (30) minutes prior to the hearing.

1.This hearing will be conducted in accordance with the Rules of Procedure of the Administrative Law Judge Division, a copy of which is available from the Clerk of the Division.

2.Unless otherwise determined by the Administrative Law Judge, the hearing will proceed as follows:

a.Call of the case;

b.Motions and other preliminary matters such as stipulations, agreements, or consent orders to be entered into the record;

c.Opening statements, not to exceed ten (10) minutes, with the party requesting the contested hearing proceeding first;

d.Presentation of evidence;

e.Final arguments, not to exceed fifteen (15) minutes, with the party requesting the contested hearing opening and closing.

3.All parties are notified to bring to the hearing all documents, records and witnesses needed to present the party’s case. NOTE: IF SPECIAL EQUIPMENT IS REQUIRED FOR THE PRESENTATION OF EVIDENCE, THE PARTY PRESENTING THE EVIDENCE IS RESPONSIBLE FOR OBTAINING THE EQUIPMENT AND ITS CUSTODY.

4.Subpoenas are available to the parties pursuant to S.C. Code Ann. § 1-23-320(d) (Supp. 2001) and the rules of the Division, to compel the attendance of witnesses or for the production of documents at the hearing. The parties are responsible for service of subpoenas.

5.A party may represent himself or may be represented by an attorney at the hearing. An attorney representing a party must file a Notice of Appearance within ten (10) days of service of this Notice, unless previously filed with the Division.

6.TAKE NOTICE THAT A FAILURE TO APPEAR AT THE HEARING MAY RESULT IN:

a.A finding that the party who fails to appear does not object to the relief of which notice has been given;

b.Dismissal of the case or striking of the pleadings of the party who fails to appear;

c.Exclusion of evidence proffered by the party who fails to appear; or

d.Such other rulings as are deemed appropriate by the Administrative Law Judge.

7.Continuances will be granted only when extraordinary circumstances exist. Parties may request continuances no later than twenty-four (24) hours prior to the scheduled hearing date.

8.In case of settlement or dismissal, failure of the parties to inform the Administrative Law Judge Division prior to the scheduled hearing that the hearing is not necessary may result in imposition of Administrative Law Judge Division costs and Court Reporter fees against the parties.

IT IS FURTHER ORDERED that Petitioner must file with the undersigned’s office a Pretrial Brief stating, to the best of it’s ability, the following:

1. The issues presented for determination;

2. A list of proposed exhibits and witnesses;

3.A statement of the facts to be presented at the hearing;

4.The action requested of the Administrative Law Judge Division, if any;

5.A detailed statement of the law which supports the requested action, including statutory and/or case citations ; and

6.The estimated length of hearing.

The Petitioner must file the Pretrial Brief with the undersigned Administrative Law Judge and serve it on the Respondent on or before June 18, 2003. Failure to timely file and serve the Pretrial Brief will result in a finding of default pursuant to ALJD Rule 23 and may result in dismissal or termination of the action adverse to the defaulting party, or dismissal of the defaulting party as a party to this action. Because the Respondent has already filed its Pretrial Brief and served it on the Petitioner, it need not file or serve another one unless it needs to update any of the information contained therein. Both parties have a continuing obligation to update the information contained in the Pretrial Brief during the course of the proceeding.

AND IT IS SO ORDERED.

_______________________________________

C. DUKES SCOTT

ADMINISTRATIVE LAW JUDGE

June 11, 2003

Columbia, South Carolina