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 May 22, 2002 an Order for Prehearing Statements was issued and mailed
to the parties. The order to Petitioner was mailed to the post office box on the application. The order was returned to the
Division on May 28, 2002 with a note "Box Closed - Unable to Forward - Return to Sender." On that same day a telephone
call was made to the number provided. A message was left, but no representative of Spot Shadows returned the call.
Previous attempts to send mail to the address of the establishment location by the Division's Clerk were also returned.
A Prehearing Statement was filed with the Division by the Respondent on May 30, 2002. The Respondent's Prehearing
Statement provided a new street address for the Petitioner. On June 4, 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 June 17, 2002. None
was received.
"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
Administrative Law Judge
This 27th day of June, 2002
Columbia, South Carolina |