South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
David E. Henry vs. Horry County Assessor

AGENCY:
Horry County Assessor

PARTIES:
Petitioners:
David E. Henry

Respondents:
Horry County Assessor
 
DOCKET NUMBER:
00-ALJ-17-0245-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

The Procedural Order for the referenced matter was issued by the undersigned Administrative Law Judge (ALJ) on May 25, 2000. It was ordered that the parties were required to file Preliminary Tax Appeal Statements (TAS) with the Administrative Law Judge Division (Division) within thirty (30) days of the date of the Order.

By letter dated August 2, 2000 the undersigned ALJ informed Petitioner that his TAS had not been filed with the Division. The Petitioner was given a due date of August 11, 2000 to file the TAS. The Petitioner did not file the TAS by August 11, 2000.

The Respondent, Horry County Assessor, filed a Motion to Dismiss dated August 30, 2000 with the Division premised upon the grounds that the Petitioner failed to file the required TAS as set forth in the Order of May 25, 2000 and the letter of August 2, 2000.

By letter dated September 12, 2000, Petitioner responded to the Motion to Dismiss giving the reasons for his default. Therefore, the Motion to Dismiss was denied by Order issued September 19, 2000. Said Order extended the due date for filing the TAS until October 16, 2000.

As of the date of this Order, the Petitioner's TAS has not been filed.

Pursuant to ALJD Rule 23, a default occurs in a contested case when a party fails to respond 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.

IT IS THEREFORE ORDERED that this matter is dismissed with prejudice.

AND IT IS SO ORDERED.





_______________________________________

C. DUKES SCOTT

ADMINISTRATIVE LAW JUDGE

November 30, 2000

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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