Friday, April 18, 2014

SC Administrative Law Court Decisions

CAPTION:
SCDOI vs. Sr'derra T. Verner

AGENCY:
South Carolina Department of Insurance

PARTIES:
Petitioners:
South Carolina Department of Insurance

Respondents:
Sr'derra T. Verner
 
DOCKET NUMBER:
00-ALJ-09-0447-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

On September 22, 2000, an Order was issued to all parties requiring the filing of Prehearing Statements within fifteen (15) days of that Order. The Prehearing Statements were due on October 9, 2000. The Petitioner filed its Prehearing Statement on October 3, 2000. Although the Respondent has been given ample notice and opportunity, she has not filed any Prehearing Statement as required by the September 22, 2000 Order. After the Respondent failed to comply with the time period imposed in that Order, the office of the undersigned sent her a letter on October 16, 2000, further requesting compliance with the Order. That letter was sent via certified U.S. mail. The signed return receipt (PS Form 3811) was received by this office on October 18, 2000, evidencing that the Respondent did receive that letter. The letter required that a Prehearing Statement be filed no later than October 26, 2000. As of the date of this Order of Dismissal, the Respondent has failed to submit a Prehearing Statement.

Upon a party's failure to prosecute an action or upon 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. Rule 23, ALJDRP. As the Respondent has failed to submit a Prehearing Statement as ordered by this Court, I find that she is in default and that this case must be dismissed pursuant to ALJD Rule 23.

IT IS THEREFORE ORDERED that this matter is hereby dismissed.

AND IT IS SO ORDERED.



______________________________

Ralph King Anderson, III

Administrative Law Judge



November 6, 2000

Columbia, South Carolina