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:
Diane Lewis vs. SCDSS

AGENCY:
South Carolina Department of Social Services

PARTIES:
Petitioners:
Diane Lewis

Respondents:
South Carolina Department of Social Services
 
DOCKET NUMBER:
00-ALJ-30-0170-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

On April 10, 2000, the undersigned Administrative Law Judge issued an order to all parties requiring the filing of Prehearing Statements within fifteen (15) days of that order. The Prehearing Statements were due on April 25, 2000. The Respondent filed its Prehearing Statement on April 25, 2000. Although the Petitioner has been given ample notice and opportunity, she has not filed a Prehearing Statement as required by the April 10, 2000 order. After the Petitioner failed to comply with the time period imposed in that order, the office of the undersigned Administrative Law Judge sent her a letter on June 1, 2000, further requesting compliance with the order. The letter required that a Prehearing Statement be filed no later than June 9, 2000. The Petitioner, however, failed to submit a Prehearing Statement.



Upon a party's failure to prosecute or defend an action or upon a failure to adhere to an interlocutory order, 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. As the Petitioner has failed to submit a Prehearing Statement as ordered by this Court, I find that she is in default and that this case must be dismissed pursuant to ALJD Rule 23.



IT IS THEREFORE ORDERED that this matter is hereby dismissed, and that the decision of the Respondent, South Carolina Department of Social Services, to submit a debt in the amount of $3,531.00 to the South Carolina Department of Revenue pursuant to the Setoff Debt Collection Act is hereby affirmed.



AND IT IS SO ORDERED.





_________________________________

MARVIN F. KITTRELL

Chief Administrative Law Judge



June 22, 2000

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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