ORDERS:
ORDER OF DISMISSAL
Pursuant to this tribunal's order of January 30, 2001 , each party was required to file a prehearing tax
statement with the Administrative Law Judge Division and serve all parties within twenty days of the date of
the order. However, Petitioner has not responded to this tribunal's order for a prehearing tax statement or to
a letter from this tribunal dated April 10, 2001 , requesting the filing of a prehearing tax statement by April
20, 2001 . 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
thedefaulting 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 (1998) (emphasis added).
By virtue of request for a contested case, Petitioner has an obligation to defend her position. On February
16, 2001, Petitioner verbally requested and was granted a 30-day extension pursuant to ALJD Rule 3B to
comply with this tribunal's order and decide whether to pursue her appeal. 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 with prejudice.
AND IT IS SO ORDERED.
________________________________
JOHN D. GEATHERS
Administrative Law Judge
April 23, 2001
Columbia, South Carolina |
