ORDERS:
ORDER OF DISMISSAL WITH PREJUDICE
This matter comes before the Administrative Law Judge Division (Division) pursuant to
S.C. Code Ann. §1-23-310 et seq. (1986 & Supp. 2001) and S.C. Code Ann. §12-60-2540 (Rev. 2000) for a contested case
hearing. The Petitioners are contesting the Oconee County Assessor's residential property valuation for the 2001 tax year.
A hearing was held on September 4, 2002, at the offices of the Division in Columbia, South Carolina. The Petitioners,
after receiving timely notice from the Division, did not appear at the hearing and did not notify the Division that they would
not be appearing. Karen F. Ballenger, attorney for the Respondent, was present at the hearing.
After waiting approximately twenty minutes for the Petitioners to appear, the Court commenced this hearing. The
Respondent then made a Motion to Dismiss for Failure to Prosecute. The Division granted the Respondent's motion and
dismissed this action with prejudice under Administrative Law Judge Division Rule 23. 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. Any non-defaulting
party may move for an order dismissing the case or terminating it adversely to the defaulting party.
Because the Petitioners did not appear before the Division, did not request a continuance, and have not otherwise contacted
this tribunal regarding this hearing as of the issuance of this Order,
IT IS HEREBY ORDERED that the above-captioned case is dismissed with prejudice.
AND IT IS SO ORDERED.
_______________________________
Ralph King Anderson, III
Administrative Law Judge
September 4, 2002
Columbia, South Carolina
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