South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Sammy J. Coley, d/b/a Village Grill vs. DOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
Sammy J. Coley, d/b/a Village Grill
664 Columbia Road, Winnsboro, South Carolina

Respondent:
South Carolina Department of Revenue
 
DOCKET NUMBER:
03-ALJ-17-0139-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

The above-captioned matter comes before this tribunal pursuant to S.C. Code Ann. § 61-2-260 (Supp. 2002) and S.C. Code Ann. §§ 1-23-310 et seq. (1986 & Supp. 2002) upon Petitioner’s request for a contested case hearing on his application for an on-premises beer and wine permit for an establishment located at 664 Columbia Road, Winnsboro, South Carolina. Although the Department of Revenue would have granted the permit, the Fairfield County Sheriff’s Office protested the issuance of Petitioner’s requested permit. Accordingly, the Department transmitted the case to this tribunal for a hearing on the permit application.

By an Order and Notice of Hearing dated April 8, 2003, a hearing on Petitioner’s application was scheduled for 10:00 a.m. on Thursday, May 15, 2003, at the Administrative Law Judge Division in Columbia, South Carolina. Because it had no evidence to present regarding the suitability of Petitioner’s proposed location, the Department was excused from appearing at the hearing. At the time of the scheduled hearing, however, both Petitioner and the protestant failed to appear before this tribunal. Therefore, after delaying the hearing for approximately twenty minutes, and having received no word from Petitioner, this tribunal found Petitioner to be in default under ALJD Rule 23 and dismissed this case on the record.[1]


Therefore, as Petitioner has been found in default for failing to appear at the contested case hearing on his permit application,

IT IS HEREBY ORDERED that the above-captioned case is DISMISSED.

AND IT IS SO ORDERED.

______________________________

JOHN D. GEATHERS

Administrative Law Judge

Post Office Box 11667

Columbia, South Carolina 29211-1667

May 15, 2003

Columbia, South Carolina



[1] Pursuant to ALJD Rule 23, an 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.” ALJD Rule 23 (emphasis added).


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