ORDERS:
ORDER OF DISMISSAL
This matter is before me pursuant to a request for a contested case hearing filed by Preston L. Howard (Petitioner),
objecting to the Department of Health and Environmental Control's (DHEC) issuance of a citation alleging violations of
the State Safe Drinking Water Act, S.C. Code Ann. §44-55-10, et seq. (Supp. 2001). On June 17, 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 Petitioner did not. By letter dated July 24,
2002, Petitioner was granted an additional fifteen (15) days to submit his Prehearing Statement. Petitioner was granted an
additional seven (7) days for filing his Prehearing Statement by letter on August 8, 2002. As of the date of this Order of
Dismissal, this office has received no further contact, either verbally or in writing, from the Petitioner since the August 8,
2002 letter. Furthermore, no correspondence has been returned to the Division as "unclaimed."
Based on the foregoing, Respondent Motion Forward Technologies 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.
Because Petitioner has failed to file its Prehearing Statement and has not otherwise contacted this tribunal as of the issuance
of this Order,
IT IS HEREBY ORDERED that Petitioner Preston L. Howard is dismissed from this action.
AND IT IS SO ORDERED.
_______________________________
Marvin F. Kittrell
Chief Administrative Law Judge
October 2, 2002
Columbia, South Carolina
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