ORDERS:
ORDER OF DISMISSAL
This matter is before me pursuant to a request for a contested case hearing filed by Charlie G. Cave, in which he objected to the
Department of Health and Environmental Control's (Department) denial of his septic tank permit application. On March 20, 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 the Petitioner did not. By letter dated May 9,
2002, Petitioner Cave was granted an additional ten (10) days to submit his Prehearing Statement. As of the date of this Order of
Dismissal, this office has received no contact, either verbally or in writing, by anyone representing the Petitioner. Furthermore, no
correspondence has been returned to the Division as "unclaimed."
Based on the foregoing, this action is dismissed 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 the Petitioner has failed to filed his Prehearing Statement and has not otherwise contacted this tribunal as of the issuance of
this Order,
IT IS HEREBY ORDERED that this matter is dismissed with prejudice.
AND IT IS SO ORDERED.
_______________________________
Ralph King Anderson, III
Administrative Law Judge
May 23, 2002
Columbia, South Carolina |
