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 17, 2000, requiring the
parties to file Prehearing Statements with the Administrative Law Judge Division ("ALJD") on or before September 6, 2000. The
Respondent filed its Prehearing Statement with ALJD on September 5, 2000.
By letter dated October 2, 2000, sent certified mail, the ALJD informed Petitioners Eutaw Grocery and Kevin Helmly, d/b/a Buddy's
Texaco that their Prehearing Statement was past due and that the time had been extended to October 16, 2000, for the Petitioners to
file their Prehearing Statement. No Prehearing Statement was filed by Petitioners on or before October 16, 2000. The Petitioners are
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 Petitioners are in default. The relief requested by Respondent in its Prehearing Statement
is hereby granted. The Administrative Order No. 00-0279-UST is affirmed.
AND IT IS SO ORDERED.
_______________________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
November 1, 2000
Columbia, South Carolina |
