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. 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, C.B. Mart, Inc., d/b/a Hickory Point, seeks an off-premise beer and wine permit for that location, soon to be constructed. 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. The Department filed a
Motion to be Excused from appearing at the hearing which was granted by my Order dated March 27, 2002. A hearing was
held on May 22, 2002 at the offices of the Division in Columbia, South Carolina. The Protestants, after receiving timely
notice from the Division, did not appear at the hearing and did not notify the Division that they would not be appearing.
The Petitioner was present at the hearing with counsel.
After waiting approximately fifteen minutes for the Protestants 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 Protestants did not appear before the Division, did not request a continuance, and have 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 permit to the Petitioner upon completion of the construction of the location and payment of the proper fees and
costs.
AND IT IS SO ORDERED.
_______________________________
Ralph King Anderson, III
Administrative Law Judge
May 23, 2002
Columbia, South Carolina |
