ORDERS:
ORDER OF DISMISSAL FOR DEFAULT
On August 28, 2000, an ORDER was issued to all parties requiring the filing of Prehearing Statements within fifteen (15) days of the
date of that ORDER. Given the additional five (5) day extension allowed for mailing under ALJD Rule 5(C), the Prehearing
Statement was due on September 18, 2000. Respondent failed to file the Prehearing Statement.
On September 20, 2000, Respondent was again directed to file the Prehearing Statement on or before September 28, 2000. No
Prehearing Statement was received by the close of business on the extension date of September 28, 2000, and thus Respondent failed
to comply with the Order.
Upon a party's failure to 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. Therefore, IT IS
ORDERED:
1. The South Carolina Department of Revenue, having complied in this matter, is not in default.
2. Respondent has failed to proceed with this action despite being directed to do so
and further has failed to comply with an interlocutory order.
3. The failure of the Respondent to present a defense in this matter and the failure of
the Respondent to obey an interlocutory order amounts to the Petitioner having
acquiesced to the actions and remedy sought by the South Carolina Department of Revenue.
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
This 4th day of October, 2000
Columbia, South Carolina |
