ORDERS:
ORDER OF DISMISSAL
This matter comes before the Administrative Law Judge Division (Division)
pursuant to S.C. Code Ann. §§ 1-23-310 et seq. (1986 & Supp. 2002) and S.C. Code Ann.
§61-4-520 (Supp. 2002) and S.C. Code Ann. § 61-6-185 (Supp. 2002) for a contested case
hearing. The Petitioner, Johnny L. Bates, seeks an off-premise beer and wine permit for the
location 6448 Savannah Highway Neeses, South Carolina. The South Carolina Department of
Revenue (Department) set forth in the Agency Transmittal to the Division that it would have
issued the permit to the Petitioner but for the protests it received from concerned citizens who
raised the issue of suitability of location. The application was initially identified as seeking an on-premises permit, but was later corrected and re-advertised as an application for an off-premises
permit. A hearing was held on May 1, 2003 at the offices of the Division in Columbia, South
Carolina. The Protestants, after receiving timely notice from the Division, did not appear at the
hearing and did not notify the Division that they would not be appearing. The Petitioner was
present at the hearing as was the Department.
After waiting approximately fifteen (15) minutes for the Protestants to appear, the Court
commenced this hearing. Upon Motion of the Respondent, the Division then dismissed this action
with prejudice under SC Code Ann. §61-4-525 (Supp. 2002) which states that, “If the protestant,
during the investigation expresses no desire to attend a contested hearing and offer testimony, the
protest is deemed invalid, and the department shall continue to process the application and shall
issue the permit if all other statutory requirements are met.” In addition, Administrative Law
Judge Division 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 Division, did not request a continuance,
and have not otherwise contacted this tribunal regarding this hearing as of the issuance of this
Order,
IT IS HEREBY ORDERED that the above-captioned case is dismissed with prejudice.
IT IS FURTHER ORDERED that the Department resume processing the Petitioner's
application and issue an off-premise beer and wine permit to the Petitioner upon payment of the
proper fees and costs.
AND IT IS SO ORDERED.
_______________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
May 1, 2003
Columbia, South Carolina. |
