ORDERS:
ORDER OF DISMISSAL
This matter is here pursuant to S.C. Code Ann. § 61-2-260 (Supp. 2001) and S.C. Code Ann. §§ 1-23-310 et seq.
(1986 & Supp. 2001) for a contested case hearing. Sammie L. Moseley (Moseley) d/b/a Bonanza Inn, applied for
an on-premises beer and wine permit for an establishment located at 750 Jordan Street, Orangeburg, South
Carolina. In its Agency Transmittal and in a Motion to be Excused, DOR advised that Moseley appears to
have met all statutory requirements, that no controversy exists between Moseley and DOR, that DOR has
no evidence to support denying the application, and that DOR would have issued the permit but for the
protestants. Thus, only the protests presented the controversy.
In the instant case, notice of the hearing was provided to all parties as well as the protestants informing
all that a hearing would be held at the Administrative Law Judge Division in Columbia, South Carolina on
Tuesday, August 20, 2002. However, at that hearing, no protestants, including Isiah Colter and Virgina
Reed, appeared. Thus, the protests were waived.
Accordingly, the Department of Revenue shall continue to process Moseley's application for an
on-premises beer and wine permit for 750 Jordan Street, Orangeburg, South Carolina.
AND IT IS SO ORDERED.
_________________________________
RAY N. STEVENS
Administrative Law Judge
Dated: August 22, 2002
Columbia, South Carolina |