ORDERS:
ORDER OF DISMISSAL
Pursuant to this tribunal's order of September 18, 1997, each party was required to file a prehearing
statement with the Administrative Law Judge Division and serve all parties within fifteen ( l 5) days of the
date of the order. However, Respondent has not responded to this tribunal's order for a prehearing statement.
Pursuant to ALJD Rule 23, this matter is hereby dismissed. This Rule 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 respond 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 Respondent's request for a contested case, he has an obligation to defend his
position. Respondent 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 and the
Respondent is subject to the penalty or penalties imposed in this matter.
AND IT IS SO ORDERED.
________________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1677
November 17, 1997
Columbia, South Carolina |