ORDERS:
ORDER OF DISMISSAL
This matter comes before the Administrative Law Court (ALC or Court) pursuant to
S.C. Code Ann. §§ 1-23-310 et seq. (1986 & Supp. 2003), and S.C. Code Ann. § 23-31-215(D)
(Supp. 2003) for a contested case hearing. The Petitioner in this matter was appealing South
Carolina Law Enforcement Division’s (SLED) denial of a concealable weapons permit. A hearing
was held on July 27, 2004 at the offices of the ALC in Columbia, South Carolina. The Petitioner,
after receiving timely notice from the Court, did not appear at the hearing and did not notify the Court
that he would not be appearing. SLED was present at the hearing with counsel and witnesses. After waiting approximately fifteen (15) minutes for the Petitioner to appear, the Court
commenced this hearing. Upon Motion of SLED, the Court then dismissed this action under
Administrative Law Court Rule 23. 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 did not appear before the Court, did not request a continuance, and did not
contact this tribunal to notify the Court that he would be late,
IT IS HEREBY ORDERED that the above-captioned case is dismissed with prejudice. AND IT IS SO ORDERED.
_______________________________
Ralph King Anderson, III
Administrative Law Judge
July 28, 2004
Columbia, South Carolina |
