ORDERS:
ORDER OF DISMISSAL
Pursuant to this tribunal's order of February 18, 1999, 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 March 12, 1999, requesting
the filing of a prehearing statement by March 19, 1999. 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 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
Post Office Box 11667
Columbia, South Carolina 29211-1677
March 24, 1999
Columbia, South Carolina |