South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Wilhelmina C. Rellora vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Wilhelmina C. Rellora

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
00-ALJ-07-0075-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

On February 17, 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 March 3, 2000. The Respondent filed its Prehearing Statement on March 3, 2000. Although the Petitioner has been given ample notice and opportunity, she has not filed any Prehearing Statement as required by the February 17, 2000 Order. After the Petitioner failed to comply with the time period imposed in that Order, the office of the undersigned sent her a letter on March 9, 2000, further requesting compliance with the Order. The letter required that a Prehearing Statement be filed no later than March 16, 2000. However, the Petitioner failed to submit a Prehearing Statement.



Upon a party's failure to prosecute 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 the Petitioner has failed to submit a Prehearing Statement as ordered by this Court, I find that she is in default and that this case must be dismissed pursuant to ALJD Rule 23.



IT IS THEREFORE ORDERED that this matter is hereby dismissed.



AND IT IS SO ORDERED.









_________________________________

Marvin F. Kittrell

Chief Judge



Columbia, South Carolina

June 1, 2000


Brown Bldg.

 

 

 

 

 

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