ORDERS:
ORDER OF DISMISSAL
Pursuant to this tribunal's order of July 12, 2001, each party was required to file a prehearing statement with
the Administrative Law Judge Division and serve all parties within twenty days of the date of the order.
However, Petitioner has not responded to this tribunal's order for a prehearing statement or to a letter from
this tribunal dated August 9, 2001, requesting the filing of a prehearing statement by August 23, 2001.
Pursuant to ALJD Rule 23, this matter is hereby dismissed. This Rule provides:
The administrative law judge may dismiss a contested case or dispose of a contested case adverse to the
defaulting party. A default occurs when a party fails to plead or otherwise prosecute or defend, fails to appear
at a hearing without the proper consent of the judge or fails to comply with any interlocutory order of the
administrative law judge. Any non-defaulting party may move for an order dismissing the case or terminating
it adversely to the defaulting party.
ALJD Rule 23 (2001) (emphasis added).
By virtue of Petitioner's request for a contested case, she has an obligation to advance her position. Petitioner
has not requested an extension or enlargement of time pursuant to ALJD Rule 3B to comply with this
tribunal's order, but rather has been unresponsive to all communications. Petitioner has been given 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 above-captioned case is hereby dismissed with prejudice.
AND IT IS SO ORDERED.
________________________________
JOHN D. GEATHERS
Administrative Law Judge
August 28, 2001
Columbia, South Carolina |