ORDERS:
ORDER OF DISMISSAL
Pursuant to this tribunal's order of December 19, 2001, each party was required to file a prehearing statement with the
Administrative Law Judge Division and serve all parties of the same within twenty days of the date of the order. However, Petitioner has not responded to this tribunal's order for a prehearing statement or to a letter from this tribunal dated January
15, 2002, requesting the filing of a prehearing statement by January 24, 2002. 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 plead 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 (2001) (emphasis added).
By virtue of Petitioner's request for a contested case, it has an obligation to advance its position. Petitioner has not
requested an extension or enlargement of time pursuant to ALJD Rule 3B to comply with this tribunal's order, but rather has been unresponsive to all communications from this tribunal. Petitioner has 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
February 5, 2002
Columbia, South Carolina |