South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Frederick W. Schmidt vs. SCDHEC, et al

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Frederick W. Schmidt


Respondent:
South Carolina Department of Health and Environmental Control and Thomas Sharpe
 
DOCKET NUMBER:
96-ALJ-07-0104-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

Pursuant to ALJD Rule 8, the Administrative Law Judge issued an Order for Prehearing Statements on March 7, 1996, requiring the parties to file Prehearing Statements with the Court on or before March 27, 1996. Since Mr. Sharpe had not filed a Prehearing Statement, the Court notified Mr. Sharpe by letters dated April 10, 1996, and May 10, 1996, that failure to comply with an Order of an Administrative Law Judge could result in default and dismissal of the case adversely to his interest. The Court's letter of May 10, 1996, which was sent certified mail and received by Mr. Sharpe on May 11, 1996, informed him that if his Prehearing Statement was not received on or before May 20, 1996, the above matter would be dismissed pursuant to ALJD Rule 23 for failure to comply with the Order. As of the date of this Order, Respondent Thomas Sharpe has not filed a Prehearing Statement with the Court and is in default.

IT IS THEREFORE ORDERED that Respondent Thomas Sharpe's application for a poultry farm construction permit to build a broiler facility, proposed Permit #18054-AG, is hereby denied.

IT IS FURTHER ORDERED that the above-captioned case bearing Docket Number

96-ALJ-07-0104-CC is hereby dismissed without prejudice.

AND IT IS SO ORDERED.

_______________________________________

STEPHEN P. BATES

ADMINISTRATIVE LAW JUDGE

May 30, 1996

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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