South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Spot Shadows Social Club vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Spot Shadows Social Club
721 South Jefferies Blvd., Walterboro, SC

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
02-ALJ-17-0186-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

This matter is before the undersigned judge based on a Request for a Contested Case Hearing made by the Petitioner and transmitted to the Division by the Respondent. On May 22, 2002 an Order for Prehearing Statements was issued and mailed to the parties. The order to Petitioner was mailed to the post office box on the application. The order was returned to the Division on May 28, 2002 with a note "Box Closed - Unable to Forward - Return to Sender." On that same day a telephone call was made to the number provided. A message was left, but no representative of Spot Shadows returned the call. Previous attempts to send mail to the address of the establishment location by the Division's Clerk were also returned.

A Prehearing Statement was filed with the Division by the Respondent on May 30, 2002. The Respondent's Prehearing Statement provided a new street address for the Petitioner. On June 4, a letter and a copy of the Order for Prehearing Statements were sent to the street address advising the Petitioner to file the statement no later than June 17, 2002. None was received.

"The administrative law judge may dismiss a contested case...adverse to the defaulting party. A default occurs when a party fails to plead or otherwise prosecute or defend,...or fail to comply with an interlocutory order of the administrative law judge." ALJD Rule 23.

It appearing that the Petitioner has defaulted in this matter, this case is hereby DISMISSED.







AND IT IS SO ORDERED.







______________________________

CAROLYN C. MATTHEWS

Administrative Law Judge



This 27th day of June, 2002

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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