ORDERS:
ORDER OF DISMISSAL
On November 29, 2000, an Order was issued to all parties requiring the filing of Prehearing Statements within fifteen (15) days of
that Order. The Prehearing Statements were due on December 14, 2000. The Respondent filed its Prehearing Statement on January
12, 2001. Although the Petitioner has been given ample notice and opportunity, he has not filed any Prehearing Statement as required
by the November 29 Order.
After the Petitioner failed to comply with the time period imposed in that Order, this office sent him a letter on January 9, 2001,
further requesting compliance with the November 29, 2000 Order. The Petitioner was given until January 19, 2001 to file his
Prehearing Statement. That letter was sent via certified and regular U.S. mail. On January 16, 2001, this office received the signed
"Return Receipt" card (PS Form 3811). However, as of the date of this Order of Dismissal, the Petitioner has failed to submit a
Prehearing Statement.
Upon a party's failure to prosecute an action or upon 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. Rule 23, ALJRP. As the Petitioner has
failed to submit a Prehearing Statement as ordered by this Court, I find that he is in default and that this case must
dismissed pursuant to ALJD Rule 23.
IT IS THEREFORE ORDERED that this matter is hereby dismissed.
AND IT IS SO ORDERED.
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Ralph King Anderson, III
Administrative Law Judge
January 26, 2001
Columbia, South Carolina |