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:
ASC Geosciences, Inc. vs. SCDOT

AGENCY:
South Carolina Department of Transportation

PARTIES:
Petitioners:
ASC Geosciences, Inc.

Respondents:
South Carolina Department of Transportation
 
DOCKET NUMBER:
02-ALJ-19-0480-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

Pursuant to ALJD Rule 23, a default occurs in a contested case when a party fails to plead or otherwise prosecute or defend, or fails to comply with any interlocutory order of the administrative law judge. An administrative law judge may dismiss or dispose of a contested case adversely to the defaulting party.

Pursuant to ALJD Rule 8, the undersigned issued an Order for Prehearing Statements and Notice of Hearing on November 20, 2002, requiring the parties to file Prehearing Statements with the Administrative Law Judge Division ("ALJD") on or before December 10, 2002. The Order informed the parties that failure to timely file and serve the Prehearing Statement 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.

The Respondent filed its Prehearing Statement with the ALJD on December 10, 2002. As of December 19, 2002, the Petitioner has not filed a Prehearing Statement with the ALJD, nor has the Petitioner contacted the ALJD. The Petitioner is in default.

Adequate notice was given to the Petitioner of the terms of the Order and the consequences for failure to comply. The Petitioner was provided abundant opportunity to comply. "There is a limit beyond which the court should not allow a litigant to consume the time of the court...." Georganne Apparel, Inc. v. Todd, 303 S.C. 87, 92, 399 S.E.2d 16, 19 (Ct. App. 1990).

IT IS THEREFORE ORDERED that the Petitioner, ASC Geosciences, Inc., is in default and that the above-captioned case bearing Docket Number 02-ALJ-19-0480-CC is hereby dismissed with prejudice against the Petitioner. The relief requested by Respondent in its Prehearing Statement is hereby granted.

AND IT IS SO ORDERED.





_______________________________________

C. DUKES SCOTT

ADMINISTRATIVE LAW JUDGE

December 19, 2002

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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