South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Hammond Rauers vs. Charleston County Auditor

AGENCY:
Charleston County Auditor

PARTIES:
Petitioners:
Hammond Rauers

Respondents:
Charleston County Auditor
 
DOCKET NUMBER:
97-ALJ-17-0039-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DEFAULT

On February 18, 1997, an ORDER was issued to all parties requiring the filing of Preliminary Tax Statements within thirty (30) days of the date of that ORDER. Given the additional five (5) day extension allowed for mailing under ALJD Rule 5(C), the Preliminary Tax Statement was due on March 25, 1997. Hammond Rauers (Rauers) failed to file the Preliminary Tax Statement.

On May 1, 1997, Rauers failed to comply with the March 24, 1997 Order directing the parties to appear on May 1, 1997 to prosecute or defend the case here in dispute since on May 1, 1997, Rauers made no appearance in this case.

On May 1, 1997, a Motion to Dismiss was requested on the grounds that Rauers failed to prosecute or defend this action, failed to adhere to an interlocutory order, and failed to appear at the hearing. Under such circumstances, the Administrative Law Judge may dismiss a contested case in a manner so as to uphold the position of the complying party. (ALJD Rule 23). The motion is granted.

Therefore, IT IS ORDERED that the Charleston County Auditor's assessment for a 1995 Ford Explorer with serial number 1FMDU32X7SZB98054 is upheld and that no change in value is allowed for high mileage.

AND IT IS SO ORDERED.

__________________________________

RAY N. STEVENS

Administrative Law Judge

This 5th day of May, 1997

Columbia, South Carolina




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