S.C. R. P. Admin. Law. Ct. 23

As amended through June 24, 2024
Rule 23 - Adverse Disposition of Contested Case
A. Default. The administrative law judge may dismiss a contested case or dispose of a contested case adversely to the defaulting party. A default occurs when a party fails to plead 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.
B. Dismissal of Contested Case for Failure to Comply with the Rules. Upon motion of any party, or on its own motion, the Court may dismiss a contested case or resolve the contested case adversely to the offending party for failure to comply with any of the rules of procedure for contested cases, including the failure to comply with any of the time limits provided in these rules or by order of the Court.

S.C. R. P. Admin. Law. Ct. 23

2014 Revised Notes

The administrative law judge may dispose of a contested case adversely to a defaulting party. Rule 23(B) also allows the administrative law judge to dismiss a contested case or resolve it adversely to the offending party for failure to comply with the ALC Rules of Procedure or an order of the Court.