ORDERS:
ORDER OF DISMISSAL FOR DEFAULT
On February 3, 2000, an ORDER was issued to all parties requiring the filing of 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 23, 2000. Petitioner (Mulligan) failed to file the Prehearing Statement.
On April 4, 2000, Petitioner was again directed to file the Prehearing Statement on or before Tuesday, April 11, 2000. No Prehearing Statement was received by the close of business on the extension date of April 11, 2000, and thus Petitioner
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 Petitioner's failure to prosecute this action, the Petitioner is in default.
2. South Carolina Department of Health and Environmental Control, having complied
in this matter, is not in default.
3. As the result of the default, the case is dismissed and the action is ended.
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
This 13th day of April, 2000
Columbia, South Carolina |