ORDERS:
ORDER OF DISMISSAL
THIS
MATTER COMES before me at the request of the Respondent, South Carolina
Department of Revenue, which moves for a dismissal of the above-captioned contested
case on the ground that the Petitioner has failed to retain legal
representation. Respondent filed the Notice of Motion and Motion to Dismiss on
September 3, 2008.
ALC
Rule 8(A) prohibits the unauthorized practice of law in South Carolina.
Specifically, this rule provides that corporations, such as the Petitioner, may
be represented by an attorney admitted to practice, either permanently, or pro
hac vice. This rule was amended in response to the South Carolina Supreme
Court case of Renaissance Enterprises, Inc. v. Summit Teleservices, Inc.,
334 S.C. 649, 515 S.E.2d 257 (1999), holding that corporations may not be
represented by non-lawyers in circuit or appellate courts.
This
Court notified the Petitioner by letter dated May 21, 2008, that legal counsel
was required to represent their interest in the above captioned case, and to
inform the Court within fifteen (15) days how it wished to proceed. The
Petitioner notified the Court by letter dated June 2, 2008 that it was in the
process of securing an attorney. By letter dated June 30, 2008, the Court
notified that the Petitioner had ten (10) days to inform the Court how they
were going to move forward with the contested case. By order filed July 21,
2008, Petitioner was granted a continuance for the purpose of obtaining counsel.
Petitioner
filed a Request for Continuance on November 10, 2008. The request fails to provide
a valid reason to justify the granting of another continuance. To date, the
Court has received nothing from the Petitioner regarding their efforts to obtain
counsel. Therefore,
IT
IS HEREBY ORDERED that, pursuant to ALC Rule 8(a) this action is hereby DISMISSED.
The hearing that was scheduled for November 13, 2008, is therefore cancelled.
AND
IT IS SO ORDERED.
______________________________
CAROLYN C.
MATTHEWS
South Carolina
Administrative Law Judge
November 12, 2008
Columbia, South Carolina
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