South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Nellie Wade d/b/a Granny’s Grill vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
Nellie Wade d/b/a Granny’s Grill

Respondent:
South Carolina Department of Revenue
 
DOCKET NUMBER:
07-ALJ-17-0097-CC

APPEARANCES:
For Petitioner:
Nellie Wade

For the Department of Revenue:
Lynn Baker, Esquire

For the Protestant:
No Appearance
 

ORDERS:

ORDER OF DISMISSAL

S.C. Code Ann. §§ 1-23-310 et seq. (2006), and S.C. Code Ann. §§ 61-2-260 & 61-6-185 (Supp. 2006) for a contested case hearing. Petitioner in this matter is seeking the issuance of an on premises beer and wine permit for Granny’s Grill located at 403 Old Spartanburg Hwy. 29A, Wellford, South Carolina 29385. A hearing was held on March 21, 2007 at the offices of the ALC in Columbia, South Carolina. Petitioner was present at the hearing. However, the Protestant, after receiving notice from the Court, did not appear at the hearing and did not notify the Court that they would not be appearing.

After waiting approximately ten (10) minutes for the Protestant to appear, the Court commenced this hearing. Upon Motion of Petitioner, the Court then dismissed this action under Administrative Law Court Rule 23. ALC 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 Protestant did not appear before the Court and did not otherwise contact this tribunal to notify the Court that they would be late or absent,

IT IS HEREBY ORDERED that the above-captioned case is dismissed with prejudice.

IT IS FURTHER ORDERED that the Department resume processing Petitioner’s application in this matter.

AND IT IS SO ORDERED.

_______________________________

Ralph King Anderson, III

Administrative Law Judge

March 21, 2007

Columbia, South Carolina


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