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:
Donald A. Morgan, Laney Oil Company, Inc., d/b/a Best Stop #37 vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Donald A. Morgan, Laney Oil Company, Inc., d/b/a Best Stop #37

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
95-ALJ-17-0431-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

In the above-captioned matter, respondent has advised the Administrative Law Judge Division, by letter dated August 4, 1995, that protestant, Ken Buck, has withdrawn his protest to the issuance of a beer and wine permit (AI 102421) to Donald A. Morgan, Laney Oil Company, Inc., d/b/a Best Stop #37. Upon withdrawal of this protest, there is no opposition to petitioner's application.

However, by way of letter dated July 21, 1995, Ray L. Derrick, legal representative for petitioner, informed this tribunal that Donald A. Morgan is no longer an employee of Laney Oil Company. Mr. Derrick wished to substitute Judy Ann Pegues as petitioner/applicant and indicated that Laney Oil Company remains the "primary petitioner." However, S.C. Code Ann. § 61-1-125 (Supp. 1994) clearly provides that a permit must be issued in an individual's name, rather than in the name of a corporation or organization. This section further provides that if the application is made for a corporation, it must be issued to a designated person who is to be responsible under the permit as an individual. As such, it would appear that any individual, whether substituted or not, would be subject to the statutory requirements of S.C. Code Ann. § 61-9-320 (Supp. 1994).

IT IS HEREBY ORDERED that the hearing scheduled for Monday, August 21, 1995 is hereby canceled.

IT IS FURTHER ORDERED that this matter is dismissed and the Department of Revenue and Taxation shall process the application of Laney Oil Company for a beer and wine permit, according to statutory law and the policies and procedures of the Department.

AND IT IS SO ORDERED.

___________________________________

JOHN D. GEATHERS

Administrative Law Judge

Edgar A. Brown Building

1205 Pendleton Street

Columbia, South Carolina 29201

August 7, 1995


Brown Bldg.

 

 

 

 

 

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