ORDERS:
ORDER OF DISMISSAL
On September 19, 2000, I issued an Order requiring all parties to file Preliminary Tax Appeal Statements (Statement) within
thirty (30) days of the date of that Order. That Order was sent to the Petitioner via certified U.S. mail with the signed return
receipt (PS Form 3811) being received by this office on October 2, 2000, evidencing that the Petitioner received the Order.
The Preliminary Tax Appeal Statements were due on October 19, 2000. The Respondent has timely filed its Statement.
However, the Petitioner has failed to file a Statement. After the Petitioner failed to comply with the time period imposed in
that Order, my office sent the Petitioner a letter on October 31, 2000, requesting compliance. The letter was sent via
certified and regular U.S. and required that a Statement be filed no later than November 10, 2000. The signed return receipt
(PS Form 3811) was received by this office on November 13, 2000, again proving that the Petitioner received the letter.
Administrative Law Judge Division Rule 23 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 plead 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.
(Emphasis added). As of the date of this Order of Dismissal, the Petitioner has failed to submit a Preliminary Tax Appeal
Statement. Furthermore, this office has not received any returned correspondence or verbal communication concerning its
failure to comply with the time period imposed in both the Order and the October 31 letter. "There is a limit beyond which
the court should not allow a litigant to consume the time of the court . . . ." Georgian Apparel, Inc. v. Todd, 303 S.C. 87,
92, 399 S.E. 2d 16, 19 (Ct. App. 1990). Therefore, since the Petitioner has failed to submit a Preliminary Tax Appeal
Statement as ordered by this Court, I find that he is in default and that this case must be dismissed pursuant to ALJD Rule
23.
IT IS THEREFORE ORDERED that this matter is hereby dismissed.
AND IT IS SO ORDERED.
______________________________
Ralph King Anderson, III
Administrative Law Judge
November 22, 2000
Columbia, South Carolina |
