ORDERS:
ORDER OF DISMISSAL
Pursuant to ALJD Rule 23, a default occurs in a contested case when a party fails to respond or otherwise prosecute or defend, or fails
to comply with any interlocutory order of the administrative law judge. An administrative law judge may dismiss or dispose of a
contested case adversely to the defaulting party.
Pursuant to ALJD Rule 8, the Administrative Law Judge issued an Order for Prehearing Statements on August 1, 2000, requiring the
parties to file Prehearing Statements with the Administrative Law Judge Division ("ALJD") on or before August 21, 2000. The
Respondent South Carolina Department of Health and Environmental Control ("Department") filed its Prehearing Statement with
ALJD on August 21, 2000.
By letter dated September 15, 2000, the ALJD informed Petitioner Rosa Pruitt that the Prehearing Statement was past due and that
the time had been extended to September 25, 2000 for the Petitioner to file the Prehearing Statement. No Prehearing Statement was
filed by Petitioner on or before September 25, 2000.
By letter dated October 6, 2000, the ALJD informed Petitioner that the Prehearing Statement was past due and that the time had been
extended to October 23, 2000 for the Petitioner to file. No Prehearing Statement was filed. The Petitioner is in default.
Adequate notice was given to Petitioners of the terms of the Order and the consequences for failure to comply. "There is a limit
beyond which the court should not allow a litigant to consume the time of the court...." Georganne Apparel, Inc. v. Todd, 303 S.C.
87, 92, 399 S.E.2d 16, 19 (Ct. App. 1990).
IT IS THEREFORE ORDERED that the Petitioner is in default. The relief requested by Respondent in its Prehearing Statement is
hereby granted. The decision of the Department to deny Petitioner's septic tank application is affirmed.
AND IT IS SO ORDERED.
_______________________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
November 6, 2000
Columbia, South Carolina |
