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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