APPEARANCES:
William J. Strong, Pro se, for Petitioner, Not Present
Arlene D. Hand, Esq., for Respondent, Excused from Appearance
Chief Roger D. Walls, Protestant, Not Present |
ORDERS:
ORDER
I. Statement of the Case
The Petitioner, William J. Strong (Strong) of Kingstree, South Carolina filed with the South Carolina
Department of Revenue and Taxation (DOR), the Respondent, an application for a retail liquor store
license and an on-premises beer and wine permit for 205 E. Main St., Kingstree, South Carolina.
Chief Roger D. Walls (Walls), on behalf of Kingstree Police Department, filed a protest seeking to
prevent DOR from granting the license. On June 11, 1996, DOR asked to be excused from
appearance since it had no evidence to offer. DOR's motion was granted on July 1, 1996.
The hearing in this matter was set for August 5, 1996. Notice of the August 5, 1996 hearing date
was provided to all parties including Strong. On August 5, 1996, neither Strong nor Walls made an
appearance. The hearing was delayed until 10:15 a.m. to allow ample time for Strong and Walls to
appear or provide communication to the ALJD. No appearance or communication was made by
Strong or Walls.
Strong seeks a permit and a license. To prevail, he bears the burden of proof since the burden of
proof rests upon the party who asserts the affirmative of an issue. 29 Am. Jur 2d, Evidence § 127
(2d ed 1994); Sanders, Neese, and Nichols. South Carolina Trial Handbook, § 9:3 Party With
Burden, Civil Cases (1994). Further, an Administrative Law Judge may dismiss a case adverse to any
party who fails to prosecute his case. ALJD Rule 23. Strong failed to carry his burden of proof and
further failed to prosecute his case.
II. ORDER
DOR is ordered to deny Strong's application for a retail liquor store license and an on-premises beer
and wine permit at 205 E. Main St., Kingstree, South Carolina.
IT IS SO ORDERED.
____________________________
RAY N. STEVENS
Administrative Law Judge
This 5th day of August, 1996. |