South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Vicky M. Christopher, et al. vs. SCDHEC, et al

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Vicky M. Christopher, et al.

Respondent:
South Carolina Department of Health and Environmental Control and Michael J. and Jimmy Myers
 
DOCKET NUMBER:
97-ALJ-07-0628-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

Pursuant to this tribunal's order of November 7, 1997, each party was required to file a prehearing statement with the Administrative Law Judge Division and serve all parties within fifteen ( l 5) days of the date of the order. However, Petitioners have not complied with this tribunal's order for a prehearing statement or to a letter from this tribunal dated December 5, 1997, requesting the filing of a prehearing statement by December 15, 1997. Pursuant to ALJD Rule 23, this matter is hereby dismissed. This Rule 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 respond 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.

ALJD Rule 23 (1997) (emphasis added).

By virtue of the Petitioners' request for a contested case, they have an obligation to defend their position. Petitioners have not requested an extension or enlargement of time pursuant to ALJD Rule 3B to comply with this tribunal's order. Further, Petitioners have been given abundant opportunity to comply. "There is a limit beyond which the court should not allow a litigant to consume the time of the court and prolong unnecessarily time, effort, and costs to defending parties."

Georganne Apparel. Inc. v. Todd, 303 S.C. 87, 92, 399 S.E.2d 16, 19 (Ct. App. 1990).

IT IS THEREFORE ORDERED that the above-captioned case is hereby dismissed.

AND IT IS SO ORDERED.

________________________________

JOHN D. GEATHERS

Administrative Law Judge

Post Office Box 11667

Columbia, South Carolina 29211-1677

December 19, 1997

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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