ORDERS:
ORDER OF DISMISSAL
This matter came before this tribunal pursuant to S.C. Code Ann. § 61-2-260 (Supp. 1998) and S.C. Code Ann. § 1-23-310
et seq. (Sspp. 1998) for a contested case hearing. Petitioner applied for an on-premises beer and wine permit for an
establishment located at 8754 Highway 76, Prosperity, South Carolina. Chief Jerry Wright protested Petitioner's application
and was granted leave to intervene as a formal party of record.
After timely notice to the parties and the Intervenor, a hearing was scheduled for April 7, 2000 at the Administrative Law
Judge Division in Columbia, South Carolina. However, Petitioner failed to appear at the hearing. Thus, Petitioner's
application is deemed withdrawn by default. Accordingly, pursuant to ALJD Rule 23, this matter is hereby dismissed. This
Rule 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 respond 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.
ALJD Rule 23 (1997) (emphasis added).
By virtue of Petitioner's request for a contested case, he has an obligation to advance his position. Petitioner did not request
a continuance, pursuant to ALJD Rule 19, from this tribunal regarding the hearing.
IT IS THEREFORE ORDERED that the above-captioned case is hereby dismissed.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
April 7, 2000
Columbia, South Carolina |
