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. 2001), S.C. Code Ann. § 61-2-90 (Supp. 2001), S.C. Code Ann. § 61-4-525 (Supp. 2001) and S.C. Code Ann. § 61-6-185 (Supp. 2001) for a contested case hearing. The Petitioner, Jerry Britt
Enterprises, Inc., seeks an on-premise beer and wine permit and sale and consumption (minibottle) license for 812 & 814
Harden Street, Columbia, South Carolina. Construction of this location is to be completed in the near future. 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 protest it received from a concerned citizen who raised the issue of suitability of
location. A hearing was held on November 26, 2002 at the offices of the Division in Columbia, South Carolina. The sole
Protestant, after receiving timely notice from the Division, did not appear at the hearing and did not notify the Division that
he would not be appearing. The Petitioner was present at the hearing with counsel as was the Department.
After waiting approximately fifteen (15) minutes for the Protestant 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 Protestant did not appear before the Division, did not request a continuance, and has 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 on-premise
beer and wine permit and sale and consumption (minibottle) license to the Petitioner upon approved 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
December 3, 2002
Columbia, South Carolina |
