ORDERS:
ORDER OF DISMISSAL
Pursuant to my order dated April 26, 1999, each party in this contested case was required to
file a prehearing statement with the Administrative Law Judge Division (ALJD or Division) and to
serve the same on all parties within fifteen (l5) days of the date of the order. The Order for
Prehearing Statements (Order) was sent to the Petitioner by way of certified mail. On May 11, 1999,
the Division received the signed Return Receipt, evidencing that the Order was accepted by the
Petitioner. On May 12, 1999, the Division sent a letter along with the Notice and Order to the
Petitioner by way of certified and regular U.S. mail granting her an additional ten (10) days to
respond to the Order. The Petitioner did not respond to the letter requesting the filing of a prehearing
statement by May 22, 1999. 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, she has an obligation to defend her
position. Petitioner has not requested an extension or enlargement of time pursuant to ALJD Rule
3B to comply with this Division'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 not allow a litigant to consume the time of the court . . . ." 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.
________________________________
Ralph K. Anderson, III
Administrative Law Judge
May 28, 1999
Columbia, South Carolina |
