ORDERS:
ORDER OF DISMISSAL
This matter is before the South Carolina Administrative Law Judge Division ("Division")
pursuant to a request for review of the real property tax assessment filed by William M. Bryson, Jr.,
("Petitioner") on properties located at Lot 20, Richardson Pointe and 714 Evelyn Drive in Seneca,
South Carolina. On July 9, 1998, the Notice of Hearing was mailed to all parties. The Notice of
Hearing was delivered to the Petitioner on or about July 13, 1998. However, the Petitioner, failed
to appear at the hearing scheduled in this docket. ALJD 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.
ALJD Rule 23 (1997).
By virtue of the Petitioner's request for appeal, he has an obligation to appear and defend his
position. Petitioner has not requested an extension or enlargement of time pursuant to ALJD Rule
3B to comply with this tribunal's orders, but rather failed to appear at the appointed time and place
of the scheduled hearing for this matter. "There is a limit beyond which the court should not allow
a litigant to consume the time of the court...." Georganne Apparel, Inc. v Todd, 303 S.C. 87, 92,
399 S.E.2d 16, 19 (Ct. App. 1990).
IT IS THEREFORE ORDERED that the above-captioned case is hereby dismissed with
prejudice. The real property assessments, determined by the Oconee County Board of Assessment
Appeal are imposed.
AND IT IS SO ORDERED.
ALISON RENEE LEE
Administrative Law Judge
August 18, 1998
Columbia, South Carolina. |
