ORDERS:
ORDER OF DISMISSAL
This
matter is before the Administrative Law Court (“ALC” or “Court”) pursuant to a
request for a contested case hearing filed on October 3, 2007 by Botanas La
Poblana, LLC (“Petitioner”) regarding the South Carolina Department of
Revenue’s (“Department”) decision to administratively deny its application for an
on-premises beer and wine permit due to a protest.
ALC
Rule 23(A) 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 comply with
any interlocutory order of the administrative law judge….
ALC Rule 23(B)
further provides:
Upon motion of any
party, or on its own motion, the Court may dismiss a contested case for failure
to comply with any of the rules of procedure for contested cases….
The
Court is constrained by the Rules of the ALC as well as applicable case law.
Accordingly, Petitioner was not allowed to proceed pro se.
Furthermore, Petitioner has been afforded ample time to secure counsel. “There
is a limit beyond which the court should not allow a litigant to consume the
time of the court. . . .” Georganne Apparel, Inc. v. Todd, 303 S.C. 87,
92, 399 S.E.2d 16, 19 (Ct. App. 1990). Accordingly,
IT
IS HEREBY ORDERED that this matter is dismissed. The Department’s Final
Determination therefore stands as the final decision in this matter.
AND
IT IS SO ORDERED.
__________________________________
January 4, 2008 Marvin
F. Kittrell
Columbia, South Carolina Chief
Administrative Law Judge
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