SC Administrative Law Court Decisions

I. Statement of the Case

The Petitioner, Warren E. Willis (Willis) of Greenville, South Carolina filed with the South Carolina Department of Revenue (DOR), the Respondent, an application for a retail liquor store license for 15 Hawkins Road, Travelers Rest, South Carolina. Glenn Wright, Principal for Gateway Elementary School, and JoAnn E. Coleman filed protests with DOR opposing the granting of the license. When a retail liquor license is protested, section 23 S.C. Code Regs. 7-46 (Supp. 1996) authorizes a hearing on the matter with jurisdiction to conduct the hearing in the Administrative Law Judge Division (ALJD). S.C. Code Ann. §§ 61-1-55, 1-23-600(B) and 1-23-310 (Supp. 1996).

On November 25, 1996, DOR moved to be excused from appearance since it had no evidence to offer and since DOR stated it would have granted the requested license in the first instance. DOR's motion to be excused from appearance was granted on January 20, 1997.

On January 28, 1997 a hearing was scheduled at 9:30 a.m. on the merits of this case with notice of the hearing date provided to all parties and to all protestants. At 9:30 a.m. on January 28, 1997, Willis appeared and was prepared to proceed. No appearance, however, was made by any protestant. Willis moved for an order granting the license pursuant to ALJD Rule 23. ALJD Rule 23 provides for the dismissal of a contested case on the grounds of default where neither a party nor a protestant attends the hearing. Since no party was present to prosecute the case and no witness was present to testify in opposition to Willis' application, the motion to dismiss is granted.

II. Order

The matter having been dismissed under ALJD Rule 23, DOR is ordered to grant the license requested by Willis for a retail liquor store license for 15 Hawkins Road, Travelers Rest, South Carolina.

IT IS SO ORDERED.

____________________________

RAY N. STEVENS

Administrative Law Judge

This 5th day of February, 1997.