ORDERS:
ORDER
I. Statement of the Case
The Petitioner, Ann R. Varnadore (Varnadore) of Lancaster, South Carolina filed with the South
Carolina Department of Revenue and Taxation (DOR), the Respondent, an application for an on-premises beer and wine permit for Route 1, Hwy. 200, Great Falls, South Carolina. Reverend
Michael E. Sollers (Sollers), of Evangel Temple, filed a protest seeking to prevent DOR from
granting the license. On April 11, 1996, DOR asked to be excused from appearance since it had no
evidence to offer. DOR's motion was granted on April 29, 1996. On May 7, 1996, Rev. Sollers filed
a motion to intervene as a party which motion was granted on May 13, 1996.
The hearing in this matter was originally set for June 26, 1996. A continuance, however, granted at
the request of Varnadore, caused the hearing to be rescheduled to July 11, 1996 at 10:00 a.m. Notice
of the July 11, 1996 hearing date was provided to all parties including Varnadore. On July 11, 1996,
Sollers appeared and was prepared to proceed. Varnadore, however, made no appearance. The
hearing was delayed until 10:20 a.m. to allow ample time for Varnadore to appear or provide
communication to the ALJD. No appearance or communication was made by Varnadore.
The Administrative Law Judge may dismiss a case adverse to any party who fails to prosecute the
case or who fails to appear at a hearing. ALJD Rule 23. By Varnadore's absence at the July 11, 1996
hearing, Varnadore failed to prosecute her case and failed to appear at the hearing on the merits.
II. ORDER
Varnadore failed to appear and failed to prosecute her case. Accordingly, DOR is ordered to deny
Varnadore's application for an on-premises beer and wine permit at Route 1, Hwy. 200, Great Falls,
South Carolina.
IT IS SO ORDERED.
____________________________
RAY N. STEVENS
Administrative Law Judge
This 11th day of July, 1996. |
