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 &
61-6-185 (Supp. 2005) for a contested case hearing. Petitioner in this matter
is seeking the issuance of a beer and wine permit and retail liquor license for
Pop’s NY Pizza XUE, Ltd., located at 707 Harden Street, Columbia, South
Carolina 29205. A hearing was held on June 21, 2006 at the offices of
the ALC in Columbia, South Carolina. Petitioner and Respondent were present at
the hearing. However, the Protestant, 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 Protestant to appear, the Court
commenced this hearing. Upon Motion of Petitioner, 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
Protestant 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
June 21, 2006
Columbia, South Carolina |
