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. Heyward Associates, Inc., (Heyward) d/b/a Lucky Creek
General Store, applied for an off-premises beer and wine permit for an establishment located at 878 Sams
Point Road, Beaufort, South Carolina. In its Agency Transmittal and in a Motion to be Excused, DOR
advised that Heyward appears to have met all statutory requirements, that no controversy exists
between Heyward and DOR, that DOR has no evidence to support denying the application, and that DOR
would have issued the permit but for the protestant. Thus, only the protest presented the controversy.
In the instant case, notice of the hearing was provided to all parties as well as the protestant informing
all that a hearing would be held at the Administrative Law Judge Division in Columbia, South Carolina on
Tuesday, October 1, 2002. However, at that hearing, no protestants, including Paul M. Baum, appeared.
Thus, the protest was waived.
Accordingly, with no protest existing, the Department of Revenue shall continue to process Heyward's
application for an off-premises beer and wine permit for 878 Sams Point Road, Beaufort, South Carolina.
AND IT IS SO ORDERED.
_________________________________
RAY N. STEVENS
Administrative Law Judge
Dated: October 1, 2002
Columbia, South Carolina |
