South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Dobson Wright vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Dobson Wright

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
99-ALJ-07-0591-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

Pursuant to ALJD Rule 23, a default occurs in a contested case when a party fails to respond or otherwise prosecute or defend, or fails to comply with any interlocutory order of the administrative law judge. An administrative law judge may dismiss or dispose of a contested case adversely to the defaulting party.

Pursuant to ALJD Rule 8, the Administrative Law Judge issued an Order for Prehearing Statements on November 22, 1999, requiring the parties to file Prehearing Statements with the Administrative Law Judge Division ("ALJD") on or before December 13, 1999. The Respondent filed its Prehearing Statement with the ALJD on December 13, 1999.

By letter dated December 30, 1999, the ALJD informed Petitioner, Dobson Wright, that his Prehearing Statement was past due and that the time had been extended to January 10, 2000, for Petitioner to file his Prehearing Statement. No Prehearing Statement was filed by Petitioner on or before January 10, 2000.

By letter dated February 18, 2000, sent by certified mail, the ALJD again informed Petitioner Dobson Wright, that his Prehearing Statement was past due and that if the Prehearing Statement were not filed with the ALJD on or before February 29, 2000, the above matter would be dismissed pursuant to ALJD Rule 23 for failure to comply with the Order. As of March 13, 2000, the Petitioner has not filed a Prehearing Statement with the ALJD, and he is in default.





Adequate notice was given to Petitioner of the terms of the Order and the consequences for failure to comply. Petitioner was provided 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 Petitioner, Dobson Wright, is in default and that the above-captioned case bearing Docket Number 99-ALJ-07-0591-CC is hereby dismissed with prejudice against Petitioner. The relief requested by Respondent in its Prehearing Statement is hereby granted.

AND IT IS SO ORDERED.





_______________________________________

C. DUKES SCOTT

ADMINISTRATIVE LAW JUDGE

March 13, 2000



Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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