ORDERS:
ORDER OF DISMISSAL
This matter comes before the Administrative Law Judge Division pursuant to S.C. Code Ann.
§ 61-2-90 (Supp. 2002) and S.C. Code Ann. §§ 1-23-310 et seq. (1986 & Supp. 2002) for a
contested hearing. The Petitioner, Jack J. Pressley, d/b/a The Spot Mart, seeks an off-premise beer
and wine permit for this location at 521 Hagins Street, Rock Hill, South Carolina, South Carolina.
Respondent South Carolina Department of Revenue (Department) filed a Motion to be Excused
setting forth that but for the protests of the Protestant, this permit would have been issued. This
motion was granted by my Order dated July 9, 2003. A hearing was held before me on July 24, 2003,
at the offices of the Administrative Law Judge Division (Division) in Columbia, South Carolina. The
sole Protestant, after receiving timely notice from the Division, did not appear at the hearing and did
not notify the Division that it would not be appearing. The Petitioner was present at the hearing with
counsel as was the Department.
After waiting approximately ten (10) minutes for the Protestant to appear, the Court
commenced this hearing. Upon Motion of the Petitioner, the Division then dismissed this action with
prejudice under Administrative Law Judge Division Rule 23. 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 resume processing the Petitioner’s
application and issue an off-premise beer and wine permit to the Petitioner upon payment of the
proper fees and costs.
AND IT IS SO ORDERED.
_______________________________
Ralph King Anderson, III
Administrative Law Judge
July 24, 2003
Columbia, South Carolina |