ORDERS:
ORDER OF DISMISSAL
In this matter, Petitioner challenged Respondent South Carolina Department of Health and Environmental Control's denial
of a permit to Petitioner for a septic tank system at his property in Elaine Farms, which is located four miles south of
Hardeeville in Jasper County. Pursuant to this tribunal's order of August 20, 1999, the hearing of this case was scheduled for
October 14, 1999. Petitioner failed to appear at the October 14 hearing without notifying this tribunal or obtaining prior
consent for his failure to appear.
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.
IT IS THEREFORE ORDERED that the above-captioned case is hereby dismissed with
prejudice.
AND IT IS SO ORDERED.
________________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1677
October 14, 1999, 1999
Columbia, South Carolina
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