ORDERS:
ORDER OF DISMISSAL
In the above-captioned matter, Petitioner requested a contested case hearing after the
Department denied his application for an on-premises beer and wine permit for a The Long Branch,
a snack bar located at 20 Long Branch Road, Georgetown, South Carolina 29440. The hearing was
scheduled for May 12, 1998. An Order and Notice of Hearing was signed and mailed to all parties
on February 10, 1998. However, Petitioner failed to appear at the hearing. Accordingly, pursuant
to ALJD Rule 23, this matter is hereby dismissed. This Rule provides:
The 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 respond 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. Any non-defaulting party may move for an order dismissing the case or terminating it adversely to the
defaulting party.
ALJD Rule 23 (1997) (emphasis added).
By virtue of Petitioner's request for a contested case, he has an obligation to advance his
position. Petitioner did not request a continuance and did not otherwise contact this tribunal
regarding the hearing.
IT IS THEREFORE ORDERED that the above-captioned case is hereby dismissed.
AND IT IS SO ORDERED.
________________________________
JOHN D. GEATHERS
Administrative Law Judge
May 20, 1998
Columbia, South Carolina |