ORDERS:
ORDER OF DISMISSAL
This matter is before the Administrative Law Judge Division ("Division") pursuant to the Agency Transmittal
Form filed May 14, 2001. The Department seeks to impose a monetary penalty of $2,700.00 for violations at
the Spring Villa Residential Care facility.
In an Order for Pleadings issued May 21, 2001, the undersigned ordered the Department to file a Petition
within fifteen days of the date of the order. The undersigned also ordered Spring Villa to file an Answer
within fifteen days of service of the Petition. The undersigned specifically provided that Spring Villa "must
admit or deny or otherwise answer each allegation of the Petition. Any allegation not denied will be deemed
admitted."
The Department filed its Petition on June 5, 2001. Spring Villa's Answer, therefore, was due on or before
June 20, 2001. Spring Villa did not file its Answer by the due date. On June 25, 2001, the office of the
undersigned sent a letter to Spring Villa requiring Spring Villa to file its Answer no later than Friday, July 6,
2001, and providing, "It is necessary to receive the information requested in the Petition and Answer prior to
setting a hearing date. Furthermore, failure to comply with an order of an Administrative Law Judge
may result in default and dismissal of the case adversely to the interest of the party failing to comply."
The Administrator for Spring Villa submitted a letter dated June 28, 2001, which provided in its entirety, "In
reply to your correspondence dated June 25, 2001, I hereby file my Answer timely." The Administrator for
Spring Villa failed to deny any of the allegations made by the Department in its Petition. The allegations,
therefore, are deemed admitted.
Upon a party's failure to prosecute or defend an action or upon a 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. Whereas Spring Villa failed to defend itself in this enforcement action,
Spring Villa is in default and this case must be dismissed pursuant to ALJD Rule 23.
IT IS HEREBY ORDERED that this matter is dismissed and that the Department's imposition of monetary
fees in the amount of $2,700.00 against Spring Villa is hereby affirmed.
AND IT IS SO ORDERED.
__________________________________
MARVIN F. KITTRELL
Chief Administrative Law Judge
July 6, 2001
Columbia, South Carolina |
