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:
Orchid Farms, d/b/a Biggs Mart vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
Orchid Farms, d/b/a Biggs Mart

Respondent:
South Carolina Department of Revenue
 
DOCKET NUMBER:
05-ALJ-17-0348-CC

APPEARANCES:
For Petitioner: Kenneth E. Allen, Esquire

For the Department of Revenue: Dana R. Krajack, Esquire

For the Protestants: No Appearance
 

ORDERS:

ORDER OF DISMISSAL

This matter comes before the Administrative Law Court (ALC or Court) pursuant to

S.C. Code Ann. §§ 1-23-310 et seq. (2005), and S.C. Code Ann. §§ 61-2-260 & 61-4-525 (Supp. 2004) for a contested case hearing. Petitioner in this matter is seeking the issuance of an off-premise beer and wine permit for Orchid Farms, d/b/a Biggs Mart, located at 2040A S. Church Street Extension, Spartanburg, South Carolina. An expedited hearing was held on October 26, 2005 at the offices of the ALC in Columbia, South Carolina. Petitioner and the Department of Revenue were present at the hearing with counsel. However, the Protestants, after receiving notice from the Court, did not appear at the hearing and did not notify the Court that they would not be appearing.

After waiting approximately ten (10) minutes for the Protestants to appear, the Court commenced this hearing. Upon Motion of Petitioner’s counsel, the Court then dismissed this action under Administrative Law Court Rule 23. ALC Rule 23 provides:

The 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.


 

Because the Protestants did not appear before the Court and did not otherwise contact this tribunal to notify the Court that they would be late or absent,

 

 

 

IT IS HEREBY ORDERED that the above-captioned case is dismissed with prejudice.

IT IS FURTHER ORDERED that the Department resume processing Petitioner’s application in this matter.

AND IT IS SO ORDERED.

 

 

 

_______________________________

Ralph King Anderson, III

Administrative Law Judge

 

 

October 26, 2005

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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