ORDERS:
ORDER OF DISMISSAL
This matter is here pursuant to S.C. Code Ann. § 61-2-260 (Supp. 2003) and S.C. Code Ann. §§
1-23-310 et seq. (1986 & Supp. 2003) for a contested case hearing. The above named Petitioners
applied for an off-premises beer and wine permit for specific locations in Rock Hill. In its Motion
to be Excused, DOR advised that the Petitioners appear to have met all statutory requirements, that
no controversy exists between Petitioners and DOR, that DOR has no evidence to support denying
the applications, and that DOR would have issued the permits but for the protestant. Thus, only the
protest presented the controversy.
In the instant case, notice of the hearing was provided to all parties as well as the protestant informing
all that a hearing would be held at the Greenville County Courthouse, Greenville, South Carolina on
Tuesday, October 19, 2004. However, at that hearing, no protestant appeared. Thus, the protest was
waived.
Accordingly, with no protest existing, no controversy remains for decision. Accordingly, the
Department of Revenue shall continue to process the Petitoiners’ applications for off-premises beer
and wine permits for the named locations in Rock Hill, South Carolina.
AND IT IS SO ORDERED.
_________________________________
RAY N. STEVENS
Administrative Law Judge
Dated: October 20, 2002
Greenville, South Carolina |
