ORDERS:
ORDER OF DISMISSAL
This matter is currently pending before the Administrative Law Judge Division. On February 15, 2001, the undersigned
judge issued an Order for Prehearing Statements. The Respondent, South Carolina Department of Health and
Environmental Control, Office of Ocean and Coastal Resource Management (OCRM), filed its Prehearing Statement on
March 2, 2001. A Prehearing Statement was not timely received from the Petitioner. On March 27, 2001, a letter was sent
to counsel for the Petitioner requiring that he submit a Prehearing Statement within ten days. Counsel requested additional
time and then, with consent of the counsel for Respondent, requested sixty to ninety days to work on a settlement of the
case. On April 18, 2001, the undersigned judge signed an Order of Abeyance giving the parties ninety days to work on a
settlement. On October 3, 2001, this Division sent a letter to the parties reminding them that the ninety-day period expired
on July 18, 2001, and advising that the case was now back on the active docket. It also requested Petitioner's Prehearing
Statement within ten days.
At the request of the Petitioner, and with consent of the Respondent, a Second Order of Abeyance was signed on October
17, 2001. This order gave the parties thirty more days to attempt to reach a settlement. It also ordered that if the matter had
not been resolved by the thirtieth day that Petitioner's Prehearing Statement would be due on that date. The thirtieth day
was November 17, 2001. At the date of this order, no notice of resolution or Prehearing Statement has been received.
It appears that the Petitioner has had more than ample time to submit a Prehearing Statement and has failed to do so.
Therefore, pursuant to the Second Order of Abeyance dated October 17, 2001, and ALJD Rule 38, it is ORDERED THAT
THIS CASE IS DISMISSED.
AND IT IS SO ORDERED.
____________________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
November 29, 2001
Columbia, South Carolina |
