SC Administrative Law Court Decisions

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, and 61-4-525 (Supp. 2005) for a contested case hearing. Petitioner seeks the renewal of its on-premises beer and wine permit and non-profit private club liquor by the drink license for its location at 2083 Fish Hatchery Road, West Columbia, South Carolina. But for the protest, the Department of Revenue would have granted the Petitioner’s request for renewal of its permit and license.

Pursuant to notice to the parties and Protestants, a hearing was held on July 12, 2006 at the offices of the ALC in Columbia, South Carolina. Petitioner and the Department of Revenue were present at the hearing with counsel. However, the Protestants, 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 Protestants to appear, the Court commenced the hearing. Upon Motion of Petitioner’s counsel, the Court then dismissed this action. Rule 23 of the Rules of Procedure for the Administrative Law Court 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.