ORDERS:
ORDER OF DISMISSAL
On December 14, 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 December 29, 2000. The Respondent filed its Prehearing
Statement on December 29, 2000. Although the Petitioner has been given ample notice and opportunity, she has not filed
any Prehearing Statement as required by the December 14 Order.
After the Petitioner failed to comply with the time period imposed in that Order, this office sent her a letter on January 9,
2001, further requesting compliance with the December 14, 2000 Order. The Petitioner was given until January 19, 2001
to file her Prehearing Statement. That letter was sent via certified and regular U.S. mail. On January 16, 2001, this office
received the signed "Return Receipt" card (PS Form 3811). However, 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, ALJRP.
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
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 26, 2001
Columbia, South Carolina |
