ORDERS:
FINAL ORDER AND DECISION
This
matter is before the Administrative Law Court (“ALC”) pursuant to S.C. Code
Ann. §§ 1-23-310 et seq. (2005), S.C. Code Ann. § 1-23-600(B) (Supp. 2006), and S.C. Code Ann. § 61-2-260 (Supp.
2006) for a contested case hearing. The Petitioner, United Methodist
Manor of the Pee Dee, d/b/a Methodist Manor, applied for a permit to sell beer
and wine for on-premises consumption pursuant to §§ 61-4-500 et seq. for
the location at 2100 Twin Church Road in Florence, South Carolina 29501. Carolyn
Pearce (“Protestant”) filed a written protest to Petitioner’s application. Respondent
South Carolina Department of Revenue (“Department”) denied the application
pursuant to § 61-4-525 due to the receipt of the Protestant’s valid public
protest. The Department stipulated that it would have granted the permit but
for the receipt of the public protests.
After
notice to the parties and Protestant, the court held a hearing on Wednesday, October 17, 2007 at the ALC in Columbia, South Carolina. The Petitioner was present at
the hearing as was the Department. The Protestant did not appear at the hearing
and did not notify the court that she would not be appearing.
After
waiting approximately fifteen minutes for the Protestant to appear, the court deemed the protest invalid for failure to appear
pursuant to S.C. Code Ann. § 61-4-525(C). See § 61-4-525(C) (“If the protestant,
during the investigation expresses no desire to attend a contested hearing and
offer testimony, the protest is considered invalid, and the department
shall continue to process the application and shall issue the permit if all
other statutory requirements are met.”). In addition, 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 for the hearing and has not otherwise contacted
this tribunal regarding this hearing as of the issuance of this Order, it is
hereby
ORDERED that this matter is remanded to the Department of Revenue with instructions to
continue processing the Petitioner’s application and to issue the requested on
premises beer and wine permit pursuant to S.C. Code Ann. § 61-4-525(C) and § 61-4-540
(Supp. 2006).
IT
IS SO ORDERED.
______________________________
PAIGE J. GOSSETT
Administrative Law Judge
October 17, 2007
Columbia, South Carolina
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