ORDERS:
ORDER OF DISMISSAL
On August 17, 1999, an Order was issued to all parties requiring the filing of Prehearing Statements within fifteen (15) days
of that Order. Given the additional five (5) day extension allowed for mailing under ALJD Rule 5(c), the Prehearing
Statements were due on September 6, 1999. The Petitioner failed to file the Prehearing Statement.
On September 7, 1999, the Petitioner was again directed to file the Prehearing Statement on or before September 16, 1999.
No Prehearing Statement was received by the close of business on the extension date of September 16, 1999, and thus
Petitioner failed to comply with the Order.
Upon a party's failure to defend an action or upon a failure to adhere to an interlocutory order, the Administrative Law
Judge may dismiss a contested case in a manner so as to uphold the position of the party in compliance. ALJD Rule 23.
Therefore, IT IS ORDERED:
1. Due to the Petitioner's failure to prosecute this action, the Petitioner is in default.
2. South Carolina Department of Health and Environmental Control, having complied in this matter, is not in default.
3. As a result of the default, the case is dismissed and the action is ended.
AND IT IS SO ORDERED.
____________________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
September 20, 1999.
Columbia, South Carolina. |
