ORDERS:
ORDER OF DISMISSAL
The instant matter pertains to a decision of the South Carolina Department of Health and Environmental Control
("DHEC") to revoke a septic tank permit issued to Leona M. Parks ("Petitioner").
By motion filed with the Administrative Law Judge Division "(ALJD"), DHEC seeks an Order from the ALJD
dismissing, with prejudice, Petitioner's request for a contested case hearing on the grounds that the request is untimely.
According to the motion of DHEC, and matters attached thereto, by letter dated August 27, 1999, DHEC notified
Petitioner of its decision to revoke Petitioner's permit to install a septic tank on land she owns in Saluda County. By the
same letter, DHEC informed the Petitioner that she had fifteen days from the date she received the letter to appeal DHEC's
permit revocation.
On September 4, 1999, Mr. Tony Bledsoe signed for DHEC's certified letter of August 27, 1999.
On September 29, 1999, the Clerk of DHEC received Petitioner's appeal, which was 10 days past the expiration of the
fifteen-day appellate period.
By letter dated November 3, 1999, the ALJD notified the Petitioner that her original response to DHEC's motion must be
filed with the ALJD on or before November 15, 1999. According to the files of the ALJD, no response has been received
from the Petitioner.
Since no response to DHEC's motion has been received by the ALJD, the matters and facts asserted therein are assumed to
be true. Therefore, under the procedures for contested cases established by DHEC, the Petitioner's belated filing with the
Clerk of DHEC makes her appeal untimely rendering
the ALJD without jurisdiction. Botany Bay Marina, Inc. V. Townsend, 296 S.C. 330, 372 S.E.2d 584 (1988).
Respondent's Motion to Dismiss is granted.
By Order dated October 8, 1999, the Petitioner was required to file her prehearing statement on or before October 28, 1999,
but, as of the date of this Order, the Petitioner has failed to comply and is in default.
IT IS THEREFORE ORDERED that the above-captioned case bearing Docket Number 99-ALJ-07-0522-CC is hereby
dismissed with prejudice.
_________________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
Columbia, South Carolina
December 7, 1999 |
