South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Treasured Arts, Inc. vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Treasured Arts, Inc.

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
08-ALJ-17-0115-CC

APPEARANCES:
n/a
 

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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