ORDERS:
ORDER OF DISMISSAL
This matter comes before the Administrative Law Judge Division pursuant to S.C. Code Ann.
§§61-2-90 (Supp. 1996) and S. C. Code Ann. §§1-23-310 et seq. (1986 and Supp. 1996) for a
contested case hearing. The Petitioner, Frank X. Scheper, seeks an on-premise beer and wine permit
and sale and consumption license for Vista Lights, Inc. The Respondent made a Motion to be
Excused which was granted by my Order dated September 30, 1997.
By my Order dated October 16, 1997, the Petitioner and Protestant to this case were required
to file a Prehearing Statement within fifteen (15) days of the date of the Order. A copy of that Order
was provided to the Protestant. The Petitioner filed his Prehearing Statement on October 30, 1997.
Although the Protestant has been given ample notice and opportunity, he has not filed any Prehearing
Statement as required by the October 16, 1997 Order. After the Protestant failed to comply with the
time period imposed in the October 16, 1997 Order, our office sent him a letter further requesting
him to comply with that Order. The Protestant responded to that letter stating that he would have
his attorney "prepare the required information and submit [it to this office] within the ten day
deadline. . . ." However, the Protestant's response did not arrive within the above proscribed time.
Furthermore, the attorney referred to by the Protestant has not notified this office that he represents
the Protestant and did not respond to several requests to submit a Prehearing Statement.
The Protestant has not requested an extension or enlargement of time pursuant to ALJD Rule
3B to comply with this Court's Order. "There is a limit beyond which the court should not allow
a litigant to consume the time of the court. . . ." Georganne Apparel, Inc. v. Todd, 303 S.C. 87, 92,
399 S.E.2d 16, 19 (Ct. App. 1990).
The Petitioner is in default in this case. Rule 23, Rules of Procedure for the Administrative
Law Judge Division, allows an Administrative Law Judge to dispose of a contested case adverse to
a party for its failure to plead or comply with any interlocutory order of the Administrative Law
Judge.
IT IS THEREFORE ORDERED that this action is dismissed and that the on-premise beer
and wine permit and sale and consumption license application of the Petitioner be granted upon the
Petitioner's payment of the required fees and costs.
AND IT IS SO ORDERED.
______________________________________
Ralph King Anderson, III
Administrative Law Judge
December 1, 1997
Columbia, South Carolina |
