ORDERS:
ORDER OF DISMISSAL
On September 16, 1999, an Order was issued to all parties requiring the filing of Prehearing Statements within fifteen (15)
days of that Order. Given the additional five (5) day extension allowed for mailing under ALJD Rule 5(c), the Prehearing
Statements were due on October 6, 1999. The Orders mailed to the Petitioner were returned for invalid address.
The Division received a letter on October 4, 1999 from the Department of Revenue indicating a new address for the
Petitioner. The Order was re-mailed to the Petitioner's new address on October 4, 1999. The Petitioner has failed to
respond to the Order for Prehearing Statements.
Upon a party's failure to prosecute 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.
Therefore, IT IS ORDERED:
1. Due to the Petitioner's failure to defend this action, the Petitioner is in default.
2. South Carolina Department of Revenue, having complied in this matter, is not in default.
3. As a result of the default, the case is dismissed and the action is ended.
AND IT IS SO ORDERED.
____________________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
November 4, 1999.
Columbia, South Carolina. |