South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Albert Beach, Sr., d/b/a The Long Branch vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Albert Beach, Sr., d/b/a The Long Branch

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
98-ALJ-07-0051-CC

APPEARANCES:
n/a
 

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


Brown Bldg.

 

 

 

 

 

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