ORDERS:
ORDER OF DISMISSAL FOR DEFAULT
On March 9, 2000, an ORDER was issued to all parties requiring the filing of Prehearing Statements within fifteen (15)
days of the date of that ORDER. A Motion for Extension was filed on March 22, 2000 by M. Shawn Harmon, attorney for
Respondent, (DHEC) based upon the ground that the parties had agreed upon the conditions of settlement and would
require additional time to accomplish the specific conditions. An Order Granting Extension of Time for Filing Prehearing
Statements was filed on March 23, 2000, directing the parties to file the Prehearing Statements on or before Monday,
April 10, 2000, should they fail to reach a settlement agreement. DHEC filed its Prehearing Statement on April 10, 2000.
No Prehearing Statement was received from Petitioner (Southeastern) by the close of business on the extension date of
April 10, 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
- Due to Petitioner's failure to prosecute this action, the Petitioner is in default.
2. DHEC, having complied in this matter, is not in default.
- 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 12th day of April, 2000
Columbia, South Carolina |
