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 undersigned Administrative Law Judge issued an Order for Prehearing Statements on October 26, 2000,
requiring the parties to file Prehearing Statements with the Administrative Law Judge Division ("ALJD") within twenty (20) days
from the date of the Order. The Respondent South Carolina Department of Health and Environmental Control ("Department") filed
its Prehearing Statement with ALJD on November 15, 2000.
The undersigned Administrative Law Judge issued an Order on November 27, 2000, informing Petitioner that the Prehearing
Statement was past due and that Petiitoner had ten (10) days from the date of that Order to file the Prehearing Statement. No
Prehearing Statement was filed by the due date and has not been filed as of the date of this Order. The Petitioner is in default.
Adequate notice was given to Petitioner 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 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
December 27, 2000
Columbia, South Carolina |