ORDERS:
ORDER OF DISMISSAL
Pursuant to this tribunal's order of June 5, 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. However, Respondents have not responded to this tribunal's order for
prehearing statements or to a letter from this tribunal dated July 2, 1998, requesting the filing of
prehearing statements by July 13, 1998. 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 Respondents' request for a contested case, they have an obligation to defend
their position. Respondents have not requested an extension or enlargement of time pursuant to
ALJD Rule 3B to comply with this tribunal's order, but rather have been unresponsive to all
communications. Respondents have 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
Respondents are 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
July 16, 1998
Columbia, South Carolina |