South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Fred Satterfield and Marlene Satterfield vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Fred Satterfield and Marlene Satterfield

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
99-ALJ-07-0556-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

Pursuant to ALJD Rule 23, a default occurs in a contested case when a party fails to respond or otherwise prosecute or defend, or fails to comply with any interlocutory order of the administrative law judge. An administrative law judge may dismiss or dispose of a contested case adversely to the defaulting party.

Pursuant to ALJD Rule 8, the Administrative Law Judge issued an Order for Prehearing Statements on October 29, 1999, requiring the parties to file Prehearing Statements with the Administrative Law Judge Division ("ALJD") on or before November 18, 1999. The Respondent filed its Prehearing Statement with ALJD on November 18, 1999.

By letter dated November 24, 1999, the ALJD informed Petitioners Fred Satterfield and Marlene Satterfield that their Prehearing Statement was past due and that the time had been extended to December 3, 1999, for the Petitioners to file their Prehearing Statement. No Prehearing Statement was filed by Petitioners on or before December 3, 1999.

By letter dated December 7, 1999, sent certified mail, the ALJD again informed Petitioners Fred Satterfield and Marlene Satterfield, that their Prehearing Statement was past due and that if the Prehearing Statement was not filed with the ALJD on or before December 13, 1999, the above matter would be dismissed pursuant to ALJD Rule 23 for failure to comply with the Order.

As of December 17, 1999, the Petitioners have not filed a Prehearing Statement with the ALJD nor contacted the ALJD, and they are in default.





Adequate notice was given to Petitioners of the terms of the Order and the consequences for failure to comply. Petitioners were provided 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 Petitioners, Fred Satterfield and Marlene Satterfield are in default and that the above-captioned case bearing Docket Number 99-ALJ-07-0556-CC is hereby dismissed with prejudice against Petitioners. The relief requested by Respondent in its Prehearing Statement is hereby granted.

AND IT IS SO ORDERED.





_______________________________________

C. DUKES SCOTT

ADMINISTRATIVE LAW JUDGE

December 17, 1999.



Columbia, South Carolina


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