ORDERS:
ORDER OF DISMISSAL
In this contested case matter, Petitioners sought review of the issuance of a storm water
permit to Cleland Asphalt Plant by the South Carolina Department of Health and Environmental
Control, Bureau of Ocean and Coastal Resource Management. The permit relates to Cleland's
construction of an asphalt plant off of Highway 389 in Ridgeland, Jasper County, South Carolina.
Jurisdiction is granted to the Administrative Law Judge Division by S.C. Code Ann. § 48-39-150
(Supp. 1997) and §§ 1-23-310 et seq. (1986 and Supp. 1997).
The hearing in this matter was held on October 6, 1998 at the Beaufort County Courthouse
in Beaufort, South Carolina. An Order and Notice of Hearing was signed and mailed to all parties
on July 16, 1998. However, Petitioners failed to appear at the hearing and Counsel for Respondents
moved for dismissal. Pursuant to Counsel's motion and ALJD Rule 23, this matter is hereby
dismissed. Rule 23 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 did not request a continuance and did not otherwise contact this tribunal
regarding the hearing.
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 29211-1667
October 8, 1998
Columbia, South Carolina |
