ORDERS:
ORDER OF DISMISSAL
This matter is before me pursuant to a request for a contested case hearing filed by Safety Disposal System of South
Carolina, Inc. (SDS), in which they object to the Department of Health and Environmental Control's (Department) issuance
of Administrative Order No. 02-011-A; 02-01-HW; 02-06-SW. On March 6, 2002, I issued an Order for Prehearing
Statements in which each party was given fifteen (15) days to submit their Prehearing Statement. Pursuant to that Order,
the Department timely submitted its Prehearing Statement but SDS did not. By letter dated March 26, 2002, Petitioner
SDS was granted an additional fifteen (15) days to submit their Prehearing Statement.
The contact for SDS and the individual who requested this contested case hearing is Ray Huffman, SDS Plant Manager.
After SDS did not submit its Prehearing Statement, Alex Shissias, attorney for the Department, called this office and
informed my law clerk that the Petitioner has been appointed a "receiver" out of the state of Florida and that Department
has been directing its correspondence to this "receiver" at: Soneet Kapila, P.O. Box 14213, Fort Lauderdale, Florida 33302.
Pursuant to this information, the March 26, 2002 late letter was sent to Ray Huffman and Soneet Kapila (as well as the
Department). As of the date of this Order of Dismissal, this office has received no contact, either verbally or in writing, by
anyone representing SDS since the filing of this action with the Division. Furthermore, no correspondence has been
returned to the Division as "unclaimed."
Based on the foregoing, Safety Disposal System of South Carolina is dismissed from this action pursuant to Administrative
Law Judge Division Rule 23 with prejudice. Rule 23 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.
Because Petitioner SDS has failed to filed its Prehearing Statement and has not otherwise contacted this tribunal as of the
issuance of this Order,
IT IS HEREBY ORDERED that Petitioner SDS is dismissed from this action.
AND IT IS SO ORDERED.
_______________________________
Ralph King Anderson, III
Administrative Law Judge
April 17, 2002
Columbia, South Carolina |
