ORDERS:
ORDER OF DISMISSAL
This case is before me pursuant to the Petitioner Topaz Grand, LLC, d/b/a Topaz Grand
LA,’s petition for a contested case hearing regarding Respondent South Carolina Department of
Revenue (“Department”)’s decision to deny the Petitioner’s application for an on-premises beer and
wine permit and a sale and consumption (“minibottle”) license for a location at 2408 Highway 221-72
By-Pass, Greenwood, South Carolina. The Greenwood County Sheriff’s Department protested the
Petitioner’s application. This matter was scheduled for a contested case hearing to be held at 10:00
a.m. on July 16, 2003, at the offices of the Administrative Law Judge Division (“ALJD”) in Columbia,
South Carolina. A Notice of Hearing containing the date, time, and location of the hearing was
mailed to the Petitioner, the Respondent, and the Protestant on June 4, 2003. Shortly after 10:00
a.m. on July 16, 2003, this tribunal commenced the hearing. Counsel for the Department and an
official representing the Protestant were present in the courtroom; however, no one was present to
represent the Petitioner. This tribunal verbally ordered that the hearing be recessed until 10:25 a.m.
At 10:26 a.m., after checking the lobby area of the ALJD for any sign of the Petitioner or a
representative of the Petitioner, this tribunal recommenced the hearing. This tribunal again inquired
on the record as to whether anyone was present to represent the Petitioner and again received no
response. The Department then moved to dismiss this matter with prejudice due to the Petitioner’s
failure to appear at the scheduled hearing. This tribunal granted the Department’s motion.
Accordingly,
IT IS HEREBY ORDERED that this matter is dismissed with prejudice;
AND IT IS SO ORDERED.
________________________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
July 16, 2003
Columbia, South Carolina |
