ORDERS:
ORDER OF DISMISSAL
Pursuant to this tribunal's order of July 7, 1997, each party was required to file prehearing
statements with the Administrative Law Judge Division and serve all parties within fifteen (15)
days of the date of the order. However, neither Petitioner nor Petitioner's counsel, J. Lynn
McCants, have responded to this tribunal's order for prehearing statements or to letters from this
tribunal dated August 4, 1997 and September 2, 1997, requesting the filing of a prehearing
statement. 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 (1997).
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
Post Office Box 11667
Columbia, South Carolina 29211-1677
September 16, 1997
Columbia, South Carolina |