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:
Patricia D. Duncan, d/b/a Duncan's vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Patricia D. Duncan, d/b/a Duncan's

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
95-ALJ-17-0418-CC

APPEARANCES:
n/a
 

ORDERS:

AMENDED NOTICE OF HEARING

This matter was scheduled to be heard by me at 11:00 a.m. on Wednesday, August 23, 1995. Kenneth E. Allen, attorney for the Respondent, made a Motion for Continuance due to a scheduling conflict existing between this hearing and another hearing scheduled in Orangeburg by Judge Bates. I therefore find good cause for granting a continuance.

IT IS HEREBY ORDERED that this action will be heard on the merits before the Honorable Ralph K. Anderson, III, Administrative Law Judge, at 10:00 a.m. on Monday, August 28, 1995, at the Administrative Law Judge Division, Edgar Brown Building, Second Floor, 1205 Pendleton Street, Columbia, South Carolina.s

1. This hearing will be conducted in accordance with the Rules of Procedure of the Administrative Law Judge Division, a copy of which is available from the Clerk of the Division.

2. Unless otherwise determined by the Administrative Law Judge, the hearing will proceed as follows:

a. Call of the case;

b. Motions and other preliminary matters such as stipulations, agreements, or consent orders to be entered into the record;

c. Opening statements, not to exceed ten (10) minutes, with the party requesting the contested hearing proceeding first;

d. Presentation of evidence;

e. Final arguments, not to exceed fifteen (15) minutes, with the party requesting the contested hearing opening and closing.

3. All parties are notified to bring to the hearing all documents, records and witnesses needed to present the party's case. NOTE: IF SPECIAL EQUIPMENT IS REQUIRED FOR THE PRESENTATION OF EVIDENCE, THE PARTY PRESENTING THE EVIDENCE IS RESPONSIBLE FOR OBTAINING THE EQUIPMENT AND ITS CUSTODY.

4. Subpoenas are available to the parties pursuant to SC Code Ann. § 1-23-320(d) (Supp. 1993) and the rules of the Division, to compel the attendance of witnesses or for the production of documents at the hearing. The parties are responsible for service of subpoenas.

5. A party may represent himself or may be represented by an attorney at the hearing. An attorney representing a party must file a Notice of Appearance within ten (10) days of service of this Notice, unless previously filed with the Division.

6. TAKE NOTICE THAT A FAILURE TO APPEAR AT THE HEARING MAY RESULT IN:

a. A finding that the party who fails to appear does not object to the relief of which notice has been given;

b. Dismissal of the case or striking of the pleading of the party who fails to appear;

c. Exclusion of evidence proffered by he party who fails to appear; or

d. Such other rulings as are deemed appropriate by the Administrative Law Judge.

7. Continuances will be granted only when extraordinary circumstances exist. Parties may request continuances no later than 24 hours prior to the scheduled hearing date.

8. In case of settlement or dismissal, failure of the parties to inform the Court prior to the scheduled hearing that the hearing is not necessary may result in imposition of Court costs and Court Reporter fees against the parties.





______________________________________

RALPH KING ANDERSON, III

ADMINISTRATIVE LAW JUDGE

July 12, 1995

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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