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 and 61-2-160 (Supp. 2002) for a contested case hearing. The Petitioner, Eckerd
Corporation, d/b/a Eckerd Drugs #1162, seeks a retail liquor license for the location 201 N. Main
Street, Lancaster, South Carolina. The South Carolina Department of Revenue (Department) set
forth in the Agency Transmittal to the Division that it appears that the Petitioner meets all
statutory requirements for a permit, and that the Department would have issued the permit but for
the protest it received. The Department received a protest from a concerned citizen who raised the
issue of suitability of location and safety of store employees. A hearing was held on May 22, 2003
at the offices of the Division in Columbia, South Carolina. The Protestant, after receiving timely
notice from the Division, did not appear at the hearing and did not notify the Division that he
would not be appearing. The Petitioner was present at the hearing as was the Department.
After waiting approximately twenty (20) minutes for the Protestant 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 Protestant did not appear before the Division, did not request a continuance,
and has 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 issue an off premises beer and wine
permit to the Petitioner pursuant to SC Code Ann. §§ 61-4-520 and 61-2-160 (Supp. 2002).
AND IT IS SO ORDERED.
_______________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
May 23, 2003
Columbia, South Carolina. |
