ORDERS:
ORDER OF DISMISSAL
Pursuant to this tribunal's order of December 1, 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 Respondent, OMOOOO Community Care Home, has
not responded to the order for prehearing statements or to a letter dated December 31, 1997. 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) (emphasis added).
By virtue of the Petitioner's request for a contested case, he has an obligation to defend his
position. Petitioner has not requested an extension or enlargement of time pursuant to ALJD Rule
3B to comply with this tribunal's order, but rather has been unresponsive to all communications.
Petitioner has been given 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 above-captioned case is hereby dismissed with
prejudice.
AND IT IS SO ORDERED.
ALISON RENEE LEE
Administrative Law Judge
January 14, 1998
Columbia, South Carolina. |