ORDERS:
ORDER OF DISMISSAL
Pursuant to this tribunal's order of August 15, 2000, each party was required to file a prehearing statement with the Administrative
Law Judge Division and serve all parties within twenty days of the date of the order. However, petitioner has not responded to this
tribunal's order for a prehearing statement or to a letter from this tribunal dated September 12, 2000, requesting the filing of a
prehearing statement by September 19, 2000. Pursuant to ALJD Rule 23, this matter is hereby dismissed. This Rule provides:
The administrative law judge may dismiss a contested case or dispose of a contested case adverse to the defaulting party. A default
occurs when a party fails to respond or otherwise prosecute or defend, fails to appear at a hearing without the proper consent of the
judge or fails to comply with any interlocutory order of the administrative law judge. Any non-defaulting party may move for an
order dismissing the case or terminating it adversely to the defaulting party.
ALJD Rule 23 (1997) (emphasis added).
By virtue of petitioner's request for a contested case, he has an obligation to advance his position. Petitioner has not requested an
extension or enlargement of time pursuant to ALJD Rule 3B to comply with this tribunal's order, but rather has been unresponsive to
all communications. Petitioner has been given abundant opportunity 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 above-captioned case is hereby dismissed with prejudice. AND IT IS SO ORDERED.
________________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1677
September 26, 2000
Columbia, South Carolina |