ORDERS:
ORDER OF DISMISSAL
This matter is currently pending before the Administrative Law Judge Division. Counsel for the Respondent, South Carolina
Department of Health and Environmental Control, (DEHC) submitted a Motion to Dismiss (BuBose) and a Motion to
Dismiss (Sundstrom) on July 27, 2000 based on the parties' failure to comply with my Order for Prehearing Statements
dated May 18, 2000. Pursuant to that Order, the parties were to file Prehearing Statements with this Office within fifteen
(15) days of service. DHEC filed its Prehearing Statement on May 30, 2000. The Petitioner, Elma DuBose, filed a
document with this Court on June 23, 2000, well after the due date. Also, this document failed to address any of the
requests for information found in the Order for Prehearing Statements. DuBose, therefore, is in default.
The Sundstroms were inadvertently ommitted from the Agency Transmittal Sheet and added as parties by Order on June 7,
2000. The Sundstroms were also granted an additional fifteen (15) days within which to file their Prehearing Statement.
The Sundstroms have failed to file anything with this Court. The Sundstroms, therefore, are also in default.
Therefore, for good cause shown, it is hereby
ORDERED that Respondent's Motions to Dismiss are GRANTED and DuBose and the Sundstroms are dismissed as
parties to this case.
Because there are no other Petitioners in this matter, it is also
ORDERED that that this matter is DISMISSED and Permit to Construct 18,560-AG be issued to the Respondents Michael
and Janice Cumbee.
Becuase this matter is dismissed, the hearing scheduled for Thursday, August 31, 2000 is hereby CANCELLED.
AND IT IS SO ORDERED.
____________________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
July 27, 2000
Columbia, South Carolina |
