ORDERS:
ORDER OF REMAND
This
matter comes before the Administrative Law Court (ALC or Court) pursuant to
S.C. Code Ann. §§ 1-23-310 et seq. (2005), 61-2-260, and 61-4-525
(Supp. 2005) for a contested case hearing. Petitioner seeks the issuance of an
off-premises beer and wine permit his location at 100 Summerall Street, Clinton,
South Carolina. But for a public protest filed in opposition to the
application, the Department of Revenue (Department) would have granted the
Petitioner’s request for an off-premises beer and wine permit.
Pursuant
to notice to the parties and the Protestant, a hearing was held on August 31,
2006 at the offices of the ALC in Columbia, South Carolina. Petitioner and counsel
for the Department of Revenue were present at the hearing. However, the
Protestant did not appear at the hearing and did not notify the Court that she
would not be appearing. After waiting approximately ten (10) minutes for the Protestant
to appear, the Court then commenced the hearing.
Because
the Department would have granted the permit but for the protest and the Protestant
failed to appear at the hearing,
IT
IS HEREBY ORDERED that this matter is remanded to the Department to resume
processing Petitioner’s application for an off- premises beer and wine permit.
AND
IT IS SO ORDERED.
__________________________________
September 7, 2006 Marvin
F. Kittrell
Columbia, South Carolina Chief
Administrative Law Judge |