ORDERS:
ORDER OF DISMISSAL
This matter is before the Administrative Law Judge Division ("Division") for a contested
case hearing upon the request of J. Alan Armstrong, Personal Representative for the Estate of Clyda
Driggers Kell ("Petitioner"). An Order for Prehearing Statements was issued on October 29, 1998.
In response to the Order for Prehearing Statements, Petitioner submitted a letter dated November 18,
1998, that notified the Division of his inability to present evidence to substantiate his appeal. The
Petitioner further notified the Division that he will not appear at the hearing. Subsequently, counsel
for Coleman Swine Facility ("Respondent") filed a request with the Division, dated November 23,
1998, requesting that this matter be closed as early as possible, as a result of extreme financial
hardship borne by Coleman Swine Facility.
By virtue of Petitioner's request for appeal, he has an obligation to appear and defend his
position. See ALJD Rule 23 (1998). Petitioner has provided notification that he does not intend
to present evidence on his behalf, or appear before the Division for any scheduled hearing. As a
result of this, Petitioner is abandoning his request for a contested case hearing.
THEREFORE, IT IS ORDERED that the above-captioned case matter is hereby
DISMISSED.
AND IT IS SO ORDERED.
ALISON RENEE LEE
Administrative Law Judge
November 24, 1998
Columbia, South Carolina. |
