South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Carrie Lee Weaver, d/b/a James & Larry vs. DOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
Carrie Lee Weaver, d/b/a James & Larry
132 Railroad Ave., Johnsonville, SC

Respondent:
South Carolina Department of Revenue
 
DOCKET NUMBER:
04-ALJ-17-0134-CC

APPEARANCES:
For the Petitioner: No Appearance

For the Department of Revenue: Dana R. Krajack, Esquire

For the Protestant: Pro Se
 

ORDERS:

ORDER OF DISMISSAL

This matter comes before the Administrative Law Court (ALC or Court) Footnote pursuant to

S.C. Code Ann. §§ 1-23-310 et seq. (1986 & Supp. 2003), and S.C. Code Ann. § 61-4-525 & 61-6-185 (Supp. 2003) for a contested case hearing. The Petitioner in this matter was seeking the issuance of an on-premises beer and wine permit for James & Larry, a location situated at 132 Railroad Avenue, Johnsonville, South Carolina. A hearing was held on June 16, 2004 at the offices of the ALC in Columbia, South Carolina. The Petitioner, after receiving timely notice from the Court, did not appear at the hearing and did not notify the Court that she would not be appearing. The Department was present at the hearing with counsel and witnesses, along with the Protestant. After waiting approximately fifteen (15) minutes for the Petitioner to appear, the Court commenced this hearing. Upon Motion of the Department, the Court then dismissed this action under Administrative Law Court Rule 23. Rule 23 provides:

The administrative law judge may dismiss a contested case or dispose of a contested case adverse 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.


Because the Petitioner did not appear before the Court, did not request a continuance, and did not contact this tribunal to notify the Court that she would be late, Footnote

IT IS HEREBY ORDERED that the above-captioned case is dismissed without prejudice. AND IT IS SO ORDERED.



_______________________________

Ralph King Anderson, III

Administrative Law Judge



June 16, 2004

Columbia, South Carolina


 

 

 

 

Copyright © 2025 South Carolina Administrative Law Court