ORDERS:
FINAL ORDER AND DECISION
This matter comes before the Administrative Law Judge Division (Division) pursuant to
S.C. Code Ann. §1-23-310 et seq. (1986 & Supp. 2000), S.C. Code Ann. § 61-2-90 (Supp. 2000) and S.C. Code Ann. §61-4-525 (Supp. 2000) for a contested case hearing. The Petitioner, Gina R. Moss, d/b/a The Spot Grill, seeks an on-premise
beer and wine permit for that location. The South Carolina Department of Revenue (Department) set forth in the Agency
Transmittal to the Division that it would have issued the permit to the Petitioner but for the protests it received from
concerned citizens who raised the issue of suitability of location. A hearing was held on February 14, 2002 at the offices of
the Division in Columbia, South Carolina. The Petitioner, after receiving timely notice from the Division, did not appear at
the hearing and did not notify the Division that she would not be appearing. Four Protestants from Lancaster, South
Carolina, appeared at the hearing to wage their protests.
After waiting approximately fifteen minutes for the Petitioner to appear, the Court commenced this hearing. The Division,
sua sponte, then dismissed this action with prejudice under Administrative Law Judge Division Rule 23 with prejudice.
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 Petitioner 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.
AND IT IS SO ORDERED.
_______________________________
Ralph King Anderson, III
Administrative Law Judge
February 14, 2002
Columbia, South Carolina |
