ORDERS:
ORDER AND NOTICE OF HEARING
In the above-captioned matter, on November 5, 1997, Respondent filed a Motion For
Reconsideration of this tribunal's Order of Dismissal filed October 30, 1997, which dismissed this
action for the failure of Respondent to comply with an Order for Prehearing Statements. Respondent
presented good and sufficient cause for his delay in filing the Prehearing Statement.
IT IS THEREFORE ORDERED that this matter will be heard on the merits before the
Administrative Law Judge at 1:30 p.m. on Wednesday, January 7, 1998 at the Administrative
Law Judge Division, 2nd Floor, Edgar A. Brown Building, 1205 Pendleton Street, Columbia,
South Carolina.
1. This hearing will be conducted in accordance with the Rules of Procedure of the
Administrative Law Judge Division, a copy of which is available from the Clerk of Court.
2. Unless otherwise determined by the Administrative Law Judge, the hearing will proceed as follows:
a. Call of the case;
b. Motions and other preliminary matters;
c. Stipulations, agreements, or consent orders entered into the record;
d. Opening statements, not to exceed ten (10) minutes, with the party requesting the
contested hearing proceeding first;
e. Presentation of evidence;
f. Final arguments, not to exceed fifteen (15) minutes, with the party requesting the
contested hearing opening and closing.
3. All parties are notified to bring to the hearing all documents, records, and witnesses needed to present the party's case. NOTE: IF SPECIAL EQUIPMENT IS REQUIRED FOR THE PRESENTATION OF EVIDENCE, THE PARTY PRESENTING THE EVIDENCE IS RESPONSIBLE FOR OBTAINING THE EQUIPMENT AND ITS CUSTODY.
4. Subpoenas are available to the parties pursuant to S.C. Code Ann. § 1-23-320(d) (Supp. 1996
and the rules of the Division, to compel the attendance of witnesses or for the production of
documents at the hearing. The parties are responsible for service of subpoenas.
5. A party may represent himself or may be represented by an attorney at the hearing. An
attorney representing a party must file a Notice of Appearance withing ten (10) days of
service of this Notice, unless previously filed with the Division.
6. TAKE NOTICE THAT A FAILURE TO APPEAR AT THE HEARING MAY RESULT IN:
a. A finding that the party who fails to appear does not object to the relief of which
notice has been given;
b. Dismissal of the case or striking of the pleadings of the party who fails to appear;
c. Exclusion of evidence proffered by the party who fails to appear; or
d. Such other rulings as are deemed appropriate by the Administrative Law Judge.
7. THE PARTIES MAY REQUEST CONTINUANCE NO LATER THAN 24 HOURS PRIOR
TO THE SCHEDULED HEARING DATE. FAILURE TO GIVE TIMELY NOTICE OF
CANCELLATION MAY RESULT IN IMPOSITION OF COSTS AGAINST THE
PARTIES FOR COURT COSTS, INCLUDING THE FEES OF THE COURT REPORTER.
This the 13th day of November, 1997.
ALISON RENEE LEE
Administrative Law Judge
Edgar A. Brown Building (Suite 224)
Post Office Box 11667
Columbia, South Carolina 29211 |
