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:
Alethia Jackson vs. SCDSS

AGENCY:
South Carolina Department of Social Services

PARTIES:
Petitioner/Appellant:
Alethia Jackson

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

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

Pursuant to my Order dated August 19, 1999, each party in this contested case was required to file a prehearing statement with the Administrative Law Judge Division (ALJD or Division) and to serve the same on all parties within fifteen (l5) days of the date of that Order. The Order for Prehearing Statements (Order) was sent to the Petitioner by way of certified mail. On August 23, 1999, the Division received the signed Return Receipt, evidencing that the Order was accepted by the Petitioner. On September 10, 1999, the Division sent a letter to the Petitioner, along with the Notice and Order, by way of certified and regular U.S. mail, granting her an additional ten (10) days to respond to the Order. The Division received the signed Return Receipt evidencing receipt by the Petitioner on September 14, 1999. However, as of the date of this Order of Dismissal, the Petitioner has not responded to this Division's request for a prehearing 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 (1998) (emphasis added).

By virtue of Petitioner's request for a contested case, she has an obligation to defend her 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.

IT IS FURTHER ORDERED that the hearing in this matter scheduled for December 9, 1999, is hereby cancelled and will not take place.

AND IT IS SO ORDERED.



________________________________

RALPH KING ANDERSON, III

ADMINISTRATIVE LAW JUDGE





September 29, 1999

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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