ORDERS:
ORDER OF DISMISSAL
Pursuant to my Order dated June 1, 1999, each party in this contested case was required to file a Preliminary Tax Appeal
Statement with the Administrative Law Judge Division and to serve the same on all parties within thirty (30) days of the date
of that Order. The Procedural Order was sent to the Petitioner by way of U.S. certified mail and was claimed on June 4,
1999. On July 6, 1999, and July 21, 1999, the Division sent additional letters to the Petitioner by way of regular and
certified U.S. mail, granting him additional time in which to respond to the Order. The July 21, 1999 letter was claimed by
the Petitioner on August 3, 1999. As of the date of this Order of Dismissal, the Petitioner has not replied to the Division's
three requests that he file a Preliminary Tax Appeal Statement. Pursuant to ALJD Rule 23, this matter is hereby dismissed.
This Rule 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 respond 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) (emphasis added).
By virtue of Petitioner's request for a contested case, he has an obligation to defend his position. Petitioner has not
requested an extension or enlargement of time pursuant to ALJD Rule 3B to comply with this Division's Order, but rather
has been unresponsive to all communications. Petitioner has been given abundant opportunity to comply. "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 and the Petitioner is subject to the
penalty or penalties imposed in this matter.
AND IT IS SO ORDERED.
________________________________
Ralph K. Anderson, III
Administrative Law Judge
August 9, 1999
Columbia, South Carolina |
