ORDERS:
ORDER OF DISMISSAL
This
matter is before the undersigned judge based on a Request for a Contested Case
Hearing filed by the Respondent on August 23, 2007.
ALC
Rule 23(A) provides that:
“[t]he
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.”
ALC
Rule 23 further provides that, “[u]pon motion of any party, or on its own
motion, the Court may dismiss a contested case for failure to comply with any
the rules of procedure for contested cases, including the failure to comply
with any of the time limits provided by this section.”
On
March 12, 2008, the Court stated that, pursuant to ALC Rule 8(A), the
Respondent needed to inform the Court whether the Respondent was represented by
counsel. Moreover, the Court stated that in the event that the Respondent was
not represented by counsel, the Respondent “must submit an affidavit to the
Court stating the nature of [the Respondent].” Finally, the Court stated for
the Respondent to “[p]lease inform this office in writing within fifteen (15)
days from the date of this letter of how [the Respondent] plan[s] to proceed
with this contested case.”
Respondent
failed to respond to this request. Respondent never filed a prehearing
statement, pursuant to the Order of this Court filed October 15, 2007.
Respondent has never complied with the Rules of this Court, nor did he appear
at the hearing on April 8, 2008.
It appearing that
the Respondent has defaulted in this matter, this case is hereby DISMISSED and Respondent’s on premises beer and wine permit and liquor by the drink
license are hereby revoked.
AND IT IS SO
ORDERED.
__________________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
April 8, 2008
Columbia, South Carolina
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