ORDERS:
ORDER OF DISMISSAL
On July 26, 2000, the undersigned issued an Order for Prehearing Statements requiring each party to file a Prehearing Statement
within fifteen days of the date of that order. The Prehearing Statements were due on August 10, 2000. Respondent filed its
Prehearing Statement on August 18, 2000.
After Petitioner failed to comply with the time period imposed in that order, the office of the undersigned attempted to telephone
Petitioner at the number given on the Agency Transmittal Form. A female answered the telephone and stated Petitioner no longer
lived at that address. The office of the undersigned then called information, obtained a telephone number for a Dorsey Drive address
listed in Petitioner's name, and called Petitioner at that number. A different female answered the telephone and said that she would
give Petitioner a message to call the office of the undersigned at (803) 734-6402. The office of the undersigned sent a letter dated
August 30, 2000, to Petitioner at the Dorsey Drive address. The letter enclosed the original Order for Prehearing Statements and
required Petitioner to file a Prehearing Statement no later than September 11, 2000. Petitioner, however, failed to file 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
Petitioner has failed to submit a Prehearing Statement as ordered by the undersigned, he is in default and 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 Respondent to deny Petitioner's
application for security officer registration is hereby affirmed.
AND IT IS SO ORDERED.
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MARVIN F. KITTRELL
Chief Administrative Law Judge
September 26, 2000
Columbia, South Carolina |
