ORDERS:
ORDER OF DISMISSAL
Pursuant to this tribunal's order of November 30, 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, Petitioners have not responded to this
tribunal's order for a prehearing statement or to a letter from this tribunal dated January 5, 2001, requesting the filing of a prehearing
statement by January 19, 2001. 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 request for a contested case, they have an obligation to defend their position. Petitioners have not requested an extension
or enlargement of time pursuant to ALJD Rule 3B to comply with this tribunal's order, but rather have been unresponsive to all
communications. Petitioners have 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.
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JOHN D. GEATHERS
Administrative Law Judge
January 30, 2001
Columbia, South Carolina |