ORDERS:
ORDER OF DISMISSAL
This matter is before me on Motion of Kelly D. H. Lowry, Attorney for Respondent, filed
September 25, 1998, to dismiss the above-captioned matter. Respondent states in its Motion to
Dismiss that Petitioners' appeal was not filed within the required fifteen-day period to seek
administrative review of the Respondent's decision. Petitioners did not file a response to
Respondent's Motion to Dismiss. I find that pursuant to S.C. Code Ann. Regs. 61-72 (Supp.
1996), Petitioners' appeal was not timely filed.
Furthermore, pursuant to ALJD Rule 8, the Administrative Law Judge issued an Order for
Prehearing Statements on October 2, 1998, requiring the parties to file Prehearing Statements
with the Court on or before October 22, 1998. Respondent filed its Prehearing Statement with
the Court on October 22, 1998. As of the date of this Order, Petitioners, Howard and Harriet
Chaplin, and Howard and Harriet Chaplin, d/b/a Chaplin's Grocery, have not filed a Prehearing
Statement with the Court. Petitioners are in default pursuant to ALJD Rule 23 for failure to
comply with the Court's Order of October 2, 1998.
IT IS THEREFORE ORDERED that Respondent's Motion to Dismiss is granted and
that the above-captioned case bearing Docket Number 98-ALJ-07-0563-CC is hereby dismissed
with prejudice against the defaulting party, Howard and Harriet Chaplin, and Howard and Harriet
Chaplin, d/b/a Chaplin's Grocery. The relief requested by Respondent in its Prehearing
Statement is hereby granted, including the imposition of any conditions, penalties, or injunctive
relief sought and enumerated therein. Respondent's Prehearing Statement filed October 22,
1998, and Respondent's First Amended Prehearing Statement is incorporated herein by reference
as part of this Order.
AND IT IS SO ORDERED.
_______________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
October 30, 1998
Columbia, South Carolina |
