ORDERS:
ORDER OF DISMISSAL FOR DEFAULT
On January 15, 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 February
4, 1998. Respondent, Extra Help Moving Labor Services, failed to file the Prehearing Statement.
On February 10, 1998, Respondent was again directed to file the Prehearing Statement on or before
Tuesday, February 17, 1998. No Prehearing Statement was received by the close of business on
the extension date of February 17, 1998, and thus Respondent failed to comply with the Order.
Upon a Respondent's failure to 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 complying party. (ALJD Rule 23).
Therefore, IT IS ORDERED
1. Due to the Respondent's failure to defend this action, the Respondent is in default.
2. Petitioner, having complied in this matter, is not in default.
3. This case is dismissed for failure to defend with Respondent liable for the imposed fine of
$150 as identified in the Citation and Notification of Penalty issued on December 8, 1997
to Bruce Carter of Extra Help Moving Labor Services.
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
This 18th day of February, 1998.
Columbia, South Carolina |
