ORDERS:
ORDER OF DISMISSAL
On November 8, 2000, an Order was issued to all parties requiring the filing of Prehearing Statements within fifteen (15)
days of that Order. The Prehearing Statements were due on November 23, 2000. The Respondent filed its Prehearing
Statement on November 27, 2000. Although the Petitioner has been given ample notice and opportunity, she has not filed
any Prehearing Statement as required by the November 8, 2000 Order.
After the Petitioner failed to comply with the time period imposed in that Order, the office of the undersigned sent her a
letter on December 4, 2000, further requesting compliance with the November 8, 2000 Order. The Petitioner was given until
December 14, 2000 to file her Prehearing Statement. That letter was sent via certified and regular U.S. mail. On December
28, 2000, the December 4 letter mailed via certified mail was returned to the Division as "unclaimed" by the Petitioner.
However, as of the date of this Order of Dismissal, the Petitioner's mailing sent via regular mail has not been returned to the
Division as "undeliverable." As of the date of this Order of Dismissal, the Petitioner has failed to submit a Prehearing
Statement.
Upon a party's failure to prosecute an action or upon 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. Rule 23, ALJDRP. As the Petitioner has failed to submit a Prehearing Statement as
ordered by this Court, I find that she is in default and that this case must be dismissed pursuant to ALJD Rule 23.
IT IS THEREFORE ORDERED that this matter is hereby dismissed.
AND IT IS SO ORDERED.
______________________________
Ralph King Anderson, III
Administrative Law Judge
January 9, 2001
Columbia, South Carolina |
