ORDERS:
ORDER OF DISMISSAL
Pursuant to this tribunal's order of July 23, 1997, each party was required to file
prehearing statements with the Administrative Law Judge Division and serve all parties within
fifteen (15) days of the order. However, the Petitioner, Adult Care and Share, has not responded
to the order for prehearing statements or to a letter dated August 15, 1997. Letters addressed to
DHEC indicate that the facility may be closed and the petitioner does not wish to continue with
the request for a contested case hearing. On September 17, 1997, a letter was mailed to Janice
Robinson at 1003 Highside Drive, Greenwood, SC, asking her to notify the Division of her
intention to continue with this proceeding. As of this date we have not heard from her. The
Department has moved, pursuant to ALJD Rule 23, for an order dismissing the case. ALJD Rule
23 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 plead 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).
IT IS THEREFORE ORDERED that the above-captioned case is hereby dismissed with
prejudice.
AND IT IS SO ORDERED.
ALISON RENEE LEE
Administrative Law Judge
September 23, 1997
Columbia, South Carolina. |
