SC Administrative Law Court Decisions

^[1] Because this contested case involves the imposition of penalties by the Department, the Department bears the burden of proof and is therefore considered the Petitioner, even though this matter was actually initiated by Respondent Spartanburg Wings, LLC, d/b/a Wild Wing Cafe. See ALC Rule 29(B) (“In matters involving the assessment of civil penalties, the imposition of sanctions, or the enforcement of administrative orders, the agency shall have the burden of proof.”); Stephen P. Bates, The Contested Case Before the ALJD, in South Carolina Administrative Practice & Procedure 161, 201 (Randolph R. Lowell & Stephen P. Bates eds., 2004) (“In some cases, to highlight that the burden lies with the agency, the caption is changed to reflect that the agency is the Petitioner and the party subject to the enforcement is the Respondent, despite the fact that it is the now-Respondent that filed the Request for a Contested Case Hearing.”).