ORDERS:
ORDER OF REMAND
This
matter comes before the Administrative Law Court (ALC or Court) pursuant to
S.C. Code Ann. §§ 1-23-310 et seq. (2005), 61-2-260, 61-4-525,
and 61-6-1825 (Supp. 2005) for a contested case hearing. Petitioner seeks the
issuance of an on-premises beer and wine permit and restaurant liquor by the
drink license for its location at 152 North Pine Street, Batesburg, South
Carolina. But for two public protests filed in opposition to the application,
the Department of Revenue (Department) would have granted the Petitioner’s
request for a permit and license upon Petitioner’s submittal of a current
Department of Health and Environmental Control Grade A certificate for the
location.
Pursuant
to notice to the parties and Protestants, a hearing was held on July 13, 2006
at the offices of the ALC in Columbia, South Carolina. Counsel for the Department
of Revenue was present at the hearing. However, neither the Petitioner nor the
Protestants appeared at the hearing and did not notify the Court that they
would not be appearing.
After
waiting approximately ten (10) minutes for the Petitioner and Protestants to
appear, the Court commenced the hearing. Counsel for the Department then made
a motion to dismiss and/or remand the matter back to the Department.
Accordingly,
IT
IS HEREBY ORDERED that the above-captioned case is remanded to the Department
to take such action on the application as it deems appropriate.
AND
IT IS SO ORDERED.
__________________________________
July 13, 2006 Marvin
F. Kittrell
Columbia, South Carolina Chief
Administrative Law Judge |
