ORDERS:
ORDER OF DISMISSAL
Pursuant to this tribunal's order of September 18, 1998, 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. In response to a letter from this tribunal reminding Respondent
of his obligation to file a Prehearing Statement, Respondent requested an extension of time.
Consequently, this tribunal extended the deadline for Respondent to file his Prehearing Statement
to November 4, 1998. However, to date, Respondent has not filed 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 ample 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 6, 1998
Columbia, South Carolina |