South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Big D. Store, LLC, d/b/a Big D Store vs. DOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
Big D. Store, LLC, d/b/a Big D Store
504 Eison Town Rd., Jonesville, SC

Respondent:
South Carolina Department of Revenue
 
DOCKET NUMBER:
04-ALJ-17-0323-CC

APPEARANCES:
n/a
 

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. Petitioner applied for an on-premises beer and wine permit for an establishment located at 504 Eison Town Road, Jonesville, South Carolina. In a Motion to be Excused, DOR advised that the applicant appears to have met all statutory requirements, that no controversy exists between applicant and DOR, that DOR has no evidence to support denying the application, and that DOR would have issued the permit 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 in Courtroom #1 at the Anderson County Courthouse in Anderson, South Carolina on Tuesday, November 16, 2004, at 9:30 a.m. However, at that hearing, the protestant did not appear. Thus, the protest is waived.


Accordingly, with no protest existing, DOR shall continue to process Petitioner’s application for an on-premises beer and wine permit at 504 Eison Town Road, Jonesville, South Carolina.


AND IT IS SO ORDERED.

_________________________________

RAY N. STEVENS

Administrative Law Judge


Dated: November 17, 2004

Anderson, South Carolina


Brown Bldg.

 

 

 

 

 

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