ORDERS:
ORDER OF DISMISSAL FOR DEFAULT
On April 1, 1999, an ORDER was issued to all parties requiring the filing of Prehearing Statements
within fifteen (15) days of the date of that ORDER. Given the additional five (5) day extension
allowed for mailing under ALJD Rule 5(C), the Prehearing Statement was due on April 20, 1999.
Respondent failed to file the Prehearing Statement.
On April 22, 1999, Respondent was again directed to file the Prehearing Statement on or before
April 29, 1999. No Prehearing Statement was received by the close of business on the extension
date of April 29, 1999. Thus, Respondent has failed to defend this matter and has failed to comply
with an interlocutory Order of the Administrative Law Judge.
Upon a party's failure to defend an action or upon a failure to adhere to an interlocutory order, the
Administrative Law Judge may issue an order so as to uphold the position of the opposing party in
compliance. ALJD Rule 23. Therefore, IT IS ORDERED:
1. Due to the failure to adhere to an interlocutory order, Respondent is in default.
2. The South Carolina Department of Revenue is not in default.
3. Due to the default, Respondent is liable for DOR's imposition of a fine of $5,000 for
failure to properly attach owner identification on two video poker machines as
required by S.C. Code Ann. § 12-21-2748 (Supp. 1998).
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
This 5th day of May, 1999
Columbia, South Carolina |
