ORDERS:
ORDER OF DISMISSAL
I. Statement of the Case
This matter was came on for hearing on the merits on September 14, 1998 at 2:00 p.m. in Columbia,
South Carolina. The issue in dispute was whether a beer and wine permit should be granted to
Harold S. McDonald (McDonald), H & S Co., Inc., d/b/a H & S.
Notice of Hearing was provided in writing by mail to McDonald and to Tom Stafford, Mayor of
Jefferson, and to Robert Watts, Chairman of the Deacons of Jefferson Baptist Church and to Arlene
D. Hand of the South Carolina Department of Revenue. No Notice of Hearing was returned to the
Administrative Law Judge Division as undeliverable. Accordingly, notice was properly issued and
received.
At the hearing, Tom Stafford and Robert Watts were in attendance in opposition to the permit sought
by McDonald. In addition, Reverend Michael Wolf, Jefferson United Methodist Church, and
Reverend Wayne Revisky, Jefferson Baptist Church, were also in attendance in opposition to the
requested permit. As the result of filing a Motion to be Excused, Arlene D. Hand requested and
received permission not to attend the hearing.
McDonald did not attend the hearing. He did not provide a reason for his absence and did not seek
a continuance. McDonald is in default. Accordingly, under ALJD Rule 23, this matter is dismissed
on the grounds that McDonald failed to prosecute this action and failed to appear at the hearing.
II. Order
Therefore, due to McDonald's default, IT IS ORDERED that the Department of Revenue shall deny
McDonald's application for a beer and wine permit.
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
This 14th day of September, 1998
Columbia, South Carolina |
