ORDERS:
ORDER OF DISMISSAL
In the above-captioned matter, pursuant to this tribunal's order of July 20, 1998, a hearing was
scheduled for Friday, August 21, 998 at 10:00 a.m. at the Administrative Law Judge Division. Notice
of the hearing was sent to both parties by first class United States mail on July 20, 1998. Although
Petitioner and its witnesses appeared at the hearing, Respondent failed to appear and Petitioner moved
for dismissal of the case under ALJD Rule 23. 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.
By virtue of the Respondent's request for a contested case, he has an obligation to defend his
position. "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). Respondent did not request a continuance or otherwise contact this tribunal regarding the
hearing.
IT IS THEREFORE ORDERED that Petitioner's motion is granted, and pursuant to ALJD
Rule 23, this matter is hereby dismissed and Respondent is subject to the penalty or penalties imposed
in this matter.
AND IT IS SO ORDERED.
________________________________
JOHN D. GEATHERS
Administrative Law Judge
August 21, 1998
Columbia, South Carolina |
