ORDERS:
ORDER OF DISMISSAL
Pursuant to this tribunal's order of December 5, 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, Petitioner has not responded to this tribunal's order for
a prehearing statement or to a letter from this tribunal dated January 12, 1998, requesting the filing
of a prehearing statement by January 22, 1998. 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 Petitioner's request for a contested case, he has an obligation to advocate his
position. Petitioner has not requested an extension or enlargement of time pursuant to ALJD Rule
3B to comply with this tribunal's order, but rather has been unresponsive to all communications.
Petitioner has been given abundant opportunity to comply. "There is a limit beyond which the court
should allow a litigant to consume the time of the court and to 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
the Petitioner is subject to the penalty or penalties imposed in this matter.
AND IT IS SO ORDERED.
________________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1677
January 28, 1998
Columbia, South Carolina
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