ORDERS:
ORDER OF DISMISSAL
On September 9, 1999, an Order was issued to all parties requiring the filing of Prehearing Statements within fifteen (15)
days of that Order. Given the additional five (5) day extension allowed for mailing under ALJD Rule 5(c), the Prehearing
Statements were due on September 29, 1999. The Petitioners failed to file Prehearing Statements.
On September 30, 1999, the Petitioners were again directed to file the Prehearing Statement on or before October 11, 1999.
No Prehearing Statement was received by the close of business on the extension date of October 11, 1999, and thus the
Petitioners failed to comply with the Order.
Upon a party's failure to adhere to an interlocutory order, the Administrative Law Judge may dismiss a contested case in a
manner so as to uphold the position of the party in compliance. ALJD Rule 23.
Therefore, IT IS ORDERED:
1. Due to the Petitioners' failure to defend this action, the Petitioners' are in default.
2. South Carolina Department of Health and Environmental Control, Office of Coastal and Resource Management and
Allen W. Croft, having complied in this matter, are not in default.
3. As a result of the default, the case is dismissed and the action is ended.
AND IT IS SO ORDERED.
____________________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
This 18th day of October, 1999.
Columbia, South Carolina. |
