ORDERS:
ORDER OF DISMISSAL FOR DEFAULT
On April 1, 1999, 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 April 20, 1999.
Respondent, failed to file the Prehearing Statement.
On April 22, 1999, Respondent was again directed to file the Prehearing Statement on or before
Friday, April 30, 1999. No Prehearing Statement was received by the close of business on the
extension date of April 30, 1999, and thus Respondent failed to comply with the Order.
Upon a party'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 party in compliance. ALJD Rule 23. Therefore, IT IS ORDERED:
1. Due to the Respondent's failure to prosecute this action, the Respondent is in default.
2. South Carolina Department of Labor, Licensing and Regulation, Division of Labor, having complied in this matter, is not in default.
3. As the result of the default, the penalty of $150 is due from the Respondent.
4. This action is ended.
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
This 5th day of May, 1999
Columbia, South Carolina |
