ORDERS:
ORDER OF DISMISSAL
This matter is before the Administrative Law Judge Division pursuant to the Agency Transmittal Form filed
May 23, 2001. Petitioner is appealing the Department's decision to deny a septic tank permit for one of the
subdivision lots he owns. On May 30, 2001, the undersigned issued an Order for Pleadings requiring
Petitioner to file a Petition within fifteen days of the date of that order. The Petition, therefore, was due on or
before June 14, 2001.
After Petitioner failed to comply with the time period imposed in the order of May 30, 2001, the office of the
undersigned sent Petitioner a letter on June 25, 2001, further requesting compliance with the order. The letter
required that the Petition must be filed no later than Friday, July 6, 2001. The letter also provided, "It is
necessary to receive the information requested in the Petition and the Answer prior to setting a hearing date.
Furthermore, failure to comply with an order of an Administrative Law Judge may result in default and
dismissal of the case adversely to the interest of the party failing to comply." Petitioner failed to submit his
Petition by July 6, 2001.
Upon a party's failure to prosecute or defend an action or upon a 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. ALJD Rule 23. As Petitioner has failed to submit a Prehearing Statement as ordered by
the undersigned, he is in default and this case must be dismissed pursuant to ALJD Rule 23.
IT IS HEREBY ORDERED that this matter is dismissed and that the Department's decision to deny the
septic tank permit is affirmed.
AND IT IS SO ORDERED.
__________________________________
MARVIN F. KITTRELL
Chief Administrative Law Judge
July 16, 2001
Columbia, South Carolina |
