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:
Hemali Company, LLC, d/b/a Hwy. 90 Liquor Store vs. DOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
Hemali Company, LLC, d/b/a Hwy. 90 Liquor Store
676 Hwy. 90
Conway, SC

Respondent:
South Carolina Department of Revenue
 
DOCKET NUMBER:
02-ALJ-17-0466-CC

APPEARANCES:
Petitioner: Ken Allen, Esquire

Respondent: Jeffrey M. Nelson, Esquire
 

ORDERS:

ORDER OF DISMISSAL

Hemali Company, LLC, d/b/a Hwy. 90 Liquor Store, 676 Hwy. 90, Conway, SC (Hemali) filed with the South Carolina Department of Revenue (DOR), a application for a retail liquor store. Due to protests, a contested case hearing was required with this matter heard pursuant to S.C. Code Ann. § 61-2-260 (Supp. 2001) and S.C. Code Ann. §§ 1-23-310 et seq. (1986 & Supp. 2001).



In its Agency Transmittal and in a Motion to be Excused, DOR advised that Hemali appears to have met all statutory requirements, that no controversy exists between the applicant and DOR, that DOR has no evidence to support denying the application, and that DOR would have issued the permit but for the protest. Thus, only the protest presented the controversy.



In the instant case, notice of the hearing was provided to all parties as well as the protestants informing all that a hearing would be held at the Administrative Law Judge Division in Columbia, South Carolina on Thursday, January 9, 2003. However, at that hearing, no protestants appeared. Thus, the protest was waived.



Accordingly, with no protest existing, the Department of Revenue shall continue to process the application for a retail liquor store license.







AND IT IS SO ORDERED.



_________________________________

RAY N. STEVENS

Administrative Law Judge



Dated: January 9, 2003

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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