ORDERS:
ORDER OF DISMISSAL
Pursuant to this tribunal's order of February 10, 1998, each party was required to file a
prehearing statement with the Administrative Law Judge Division and serve all parties within fifteen
( l 5) days of the date of the order. However, Petitioners have not responded to this tribunal's order
for a prehearing statement or to letters from this tribunal dated March 10, 1998, requesting the filing
of a prehearing statement by March 20, 1998. 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 respond 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) (emphasis added).
By virtue of Petitioners' request for a contested case, they have an obligation to advance their
position. Petitioners have not requested an extension or enlargement of time pursuant to ALJD Rule
3B to comply with this tribunal's order, but rather have been unresponsive to all communications.
Petitioners have 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
Post Office Box 11667
Columbia, South Carolina 29211-1677
March 30, 1998
Columbia, South Carolina |