ORDERS:
ORDER OF DISMISSAL
On January 15, 2002, Richard W. Dolan, the Lexington County Assessor, moved to dismiss this case on the ground that
Petitioner Clifford F. Kelley had failed to exhaust his prehearing remedies before bringing this contested case. Specifically,
Petitioner filed his request for a contested case with the Administrative Law Judge Division on December 21, 2001, over a
month before his appeal of the Assessor's decision was to be heard by the Lexington County Board of Assessment Appeals,
on January 24, 2002. (1) Under S.C. Code Ann. § 12-60-2540(B) (2000), "[i]f a taxpayer requests a contested case hearing
before the Administrative Law Judge Division without exhausting his prehearing remedy because he failed to file a protest
or attend the conference with the county board of assessment appeals, the Administrative Law Judge shall dismiss the
action without prejudice." Id. (emphasis added). Thus, as Petitioner has failed to exhaust his prehearing remedies by
failing to attend his conference with the Lexington County Board of Assessment Appeals before requesting this contested
case, this case must be dismissed.
IT IS THEREFORE ORDERED that this case is DISMISSED without prejudice.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
January 18, 2002
Columbia, South Carolina
1. On January 10, 2002, Petitioner's hearing before the Board of Assessment Appeals was rescheduled for February 7,
2002. |