ORDERS:
ORDER OF DISMISSAL
This matter comes before the Administrative Law Court (ALC or Court)
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,
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 |