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

Johnny L. Bates, d/b/a Neeses Tire Service vs. DOR

South Carolina Department of Revenue

Johnny L. Bates, d/b/a Neeses Tire Service
6448 Savannah Hwy., Neeses, SC

South Carolina Department of Revenue

For the Petitioner:
Johnny L. Bates, Pro Se

For the Department of Revenue:
Carol I. McMahan, Esquire
Leonard P. Odom, Esquire

For the Protestants:
No Appearance



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.




Administrative Law Judge

May 1, 2003

Columbia, South Carolina.

Brown Bldg.






Copyright © 2022 South Carolina Administrative Law Court