ORDERS:
ORDER OF DISMISSAL
This matter is before me pursuant to Petitioner’s request for a contested case hearing
following Respondent’s revocation of Petitioner’s food service permit 40-206-1493. On December
23, 2003, this tribunal issued a Notice of Hearing, Order for Pretrial Briefs, and Order Amending
Caption (“Order”) scheduling this matter for hearing on February 4, 2004 and requiring the parties
to file Pretrial Briefs by January 15, 2004. The Order informed the parties that failure to timely file
and serve the Pretrial Briefs will result in a finding of default pursuant to ALJD Rule 23 and may
result in dismissal or termination of the action adverse to the defaulting party. As of the date of this
Order of Dismissal, this tribunal has not received a Pretrial Brief from the Petitioner, nor has the
Petitioner contacted this tribunal to request an extension of the filing date.
Pursuant to ALJD Rule 23, a default occurs in a contested case when a party fails to plead
or otherwise prosecute or defend, or fails to comply with any interlocutory order of the administrative
law judge. An administrative law judge may dismiss or dispose of a contested case adversely to the
defaulting party.
Adequate notice was given to the Petitioner of the terms of the Order requiring the filing of
Pretrial Briefs and the consequences for failure to comply. The Petitioner was provided 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). As the Petitioner has failed to submit a Pretrial Brief as ordered by this
tribunal, I find that the Petitioner is in default and that this case should be dismissed under ALJD Rule
23 adversely to the interest of the Petitioner.
IT IS THEREFORE ORDERED that this matter is hereby dismissed;
AND IT IS SO ORDERED.
_______________________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
January 22, 2004
Columbia, South Carolina |
