ORDERS:
ORDER OF DISMISSAL
On November 6, 2000, an Order was issued to all parties requiring the filing of Prehearing Statements within fifteen (15)
days of that Order. The Prehearing Statements were due on November 21, 2000. The Respondent filed its Prehearing
Statement on November 20, 2000. Although the Petitioner has been given ample notice and opportunity, she has not filed
any Prehearing Statement as required by the November 6, 2000 Order.
After the Petitioner failed to comply with the time period imposed in that Order, the office of the undersigned sent her a
letter on December 4, 2000, further requesting compliance with the November 6, 2000 Order. That letter was sent via
certified and regular U.S. mail. The signed return receipt (PS Form 3811) was received by this office on December 11,
2000, evidencing that the Petitioner did receive that letter. That letter required that a Prehearing Statement be filed no later
than December 14, 2000. As of the date of this Order of Dismissal, the Petitioner has failed to submit a Prehearing
Statement.
Upon a party's failure to prosecute an action or upon 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. Rule 23, ALJDRP. As the Petitioner has failed to submit a Prehearing Statement as
ordered by this Court, I find that she is in default and that this case must be dismissed pursuant to ALJD Rule 23.
IT IS THEREFORE ORDERED that this matter is hereby dismissed.
AND IT IS SO ORDERED.
______________________________
Ralph King Anderson, III
Administrative Law Judge
January 9, 2001
Columbia, South Carolina |
