ORDERS:
ORDER OF DISMISSAL FOR DEFAULT
On June 9, 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 June 29, 2000. Petitioner failed to file the Prehearing Statement.
On July 12, 2000, Petitioner was again directed to file the Prehearing Statement on or before Monday, July 24, 2000. No Prehearing
Statement was received by the close of business on the extension date of July 24, 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 10th day of August, 2000
Columbia, South Carolina |
