ORDERS:
ORDER OF DISMISSAL
Pursuant to this tribunal's order of September 4, 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 or to a letter from this tribunal dated September 24,1997, requesting the
filing of a prehearing statement by October 10, 1997. Moreover, on October 10, 1997, Respondent's
counsel informed this tribunal by telephone that he and opposing counsel had reached a settlement
agreement which he would forward immediately. Counsel has not forwarded a settlement agreement
or responded to a letter dated October 17, 1997 requiring that he submit any such agreement by
October 22, 1997. 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 not requested an extension or enlargement of time pursuant to ALJD Rule
3B to comply with this tribunal's order, but rather has been unresponsive to all communications.
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 |