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:
J & N Erosion Control, Inc vs. DOT

AGENCY:
South Carolina Department of Transportation

PARTIES:
Petitioner:
J & N Erosion Control, Inc

Respondent:
South Carolina Department of Transportation
 
DOCKET NUMBER:
03-ALJ-19-0242-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 June 23, 2002 an Order for Prehearing Statements was issued and mailed to the parties. A Prehearing Statement was filed by the Respondent on July 10, 2003. The Petitioner never filed a statement. On July 16, 2003 a reminder letter was sent allowing the Petitioner ten (10) days to file the statement, along with a blank form to use to file the Prehearing Statement. 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


August 4, 2003

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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