ORDERS:
ORDER OF DISMISSAL
This matter was pending before the Administrative Law Judge Division pursuant to S. C.
Code Ann. § 61-9-320 (Supp. 1995) for the issuance of an on-premises beer and wine permit for
Joseph Hayes, d/b/a Jo's Place at 104 Ott Shoals Road, Roebuck, South Carolina. The application
was protested by the Spartanburg Sheriff's Office and L.E. Gable Middle School.
The Order and Notice of Hearing was mailed on May 13, 1996 and the certified mail receipt
was signed and dated by Petitioner on May 21, 1996 and received in the Division on May 22, 1996.
After notices to the parties, a hearing was conducted on Friday, June 14, 1996. Darryl Owings,
Principal of L.E. Gable Middle School and Arlene D. Hand, Attorney, for the Department of Revenue
and Taxation were present at the hearing. The Petitioner, Joseph Hayes, failed to appear at the
hearing.
Pursuant to Administrative Law Judge Division Rule 23, an 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. Petitioner is in default and his application for a beer and wine permit is
considered abandoned.
Therefore, it is ORDERED, that the Petitioner's application for an on-premises beer and wine
permit at 104 Ott Shoals Road is DISMISSED.
AND IT IS SO ORDERED.
__________________________
ALISON RENEE LEE
Administrative Law Judge
June ____, 1996
Columbia, South Carolina. |
