South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Emma King vs. SCDSS

AGENCY:
South Carolina Department of Social Services

PARTIES:
Petitioner/Appellant:
Emma King

Respondents:
South Carolina Department of Social Services
 
DOCKET NUMBER:
98-ALJ-18-0402-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL FOR DEFAULT

On July 13, 1998, an ORDER was issued to all parties requiring the filing of a Prehearing Statement within fifteen (15) days of the date of that ORDER. Given the additional five (5) day extension allowed for mailing under ALJD Rule 5(C), the Prehearing Statement was due on August 3, 1998. Petitioner failed to file the Prehearing Statement.

On August 7, 1998, Petitioner was again directed to file the Prehearing Statement on or before August 14, 1998. No Prehearing Statement was received by the close of business on the extension date of August 14, 1998. Thus, Petitioner failed to comply with the Order.

Petitioner failed to defend this action, and failed to adhere to an interlocutory order. Under such circumstances, the Administrative Law Judge may dismiss a contested case in a manner so as to uphold the position of the party in compliance. ALJD Rule 23. Therefore, IT IS ORDERED

1. Due to Petitioner's failure to defend this action, Petitioner is in default.

2. South Carolina Department of Social Services, having complied in this

matter, is not in default.

3. As the result of the default, the Petitioner's challenge to the removal of the minor child, Sarah Brown, from the Petitioner's home is dismissed and this matter is ended.

AND IT IS SO ORDERED.

__________________________________

RAY N. STEVENS

Administrative Law Judge

This 18th day of August, 1998.

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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