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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Sandra Gay Lollis, d/b/a Last Call vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Sandra Gay Lollis, d/b/a Last Call
1433 Pinson Farm Road, Belton, South Carolina

Respondents:
South Carolina Department of Revenue

Intervenor:
Anderson County, South Carolina
 
DOCKET NUMBER:
02-ALJ-17-0359-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

This matter comes before this tribunal 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. Petitioner Sandra Gay Lollis submitted an application to the South Carolina Department of Revenue (Department) for an on-premises beer and wine permit for an establishment located at 1433 Pinson Farm Road, Belton, South Carolina. The Department would have granted the application but for the protest of several concerned citizens and the County of Anderson regarding the suitability of the proposed location. Accordingly, the Department was excused from the hearing of this matter. By an Order dated November 7, 2002, Anderson County was granted leave to intervene in this case in opposition to Petitioner's application.

After timely notice to the parties and the protestants, a hearing of this matter was held on November 14, 2002, at the Administrative Law Judge Division in Columbia, South Carolina. However, Petitioner failed to appear at the hearing. Therefore, Petitioner's application is deemed withdrawn by default and this case is dismissed pursuant to ALJD Rule 23. This rule 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.



ALJD Rule 23 (emphasis added).

By virtue of her request for a contested case, Petitioner had an obligation to advance her position. Here, Petitioner received proper notice of the hearing in this case, see Order and Notice of Hearing of Sept. 4, 2002, (1) and did not request a continuance of this case. Nevertheless, Petitioner failed to appear at the hearing of this matter. According, Petitioner is in default and this case is dismissed. "There is a limit beyond which the court should not allow a litigant to consume the time of the court . . . ." Georganne Apparel, Inc. v. Todd, 303 S.C. 87, 92, 399 S.E.2d 16, 19 (Ct. App. 1990).

IT IS HEREBY ORDERED that the above-captioned case is DISMISSED with prejudice.

AND IT IS SO ORDERED.



________________________________

JOHN D. GEATHERS

Administrative Law Judge



November 14, 2002

Columbia, South Carolina

1. This Order also notified Petitioner that "a failure to appear at the hearing may result in . . . [d]ismissal of the case or striking of the pleadings of the party who fails to appear." Order and Notice of Hearing of Sept. 4, 2002, at 2.


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