ORDERS:
ORDER OF DISMISSAL
This matter came before this tribunal pursuant to S.C. Code Ann. § 61-2-260 (Supp. 1997) and S.C. Code Ann. § 1-23-310, et seq. (Supp. 1997) for a contested case hearing. Petitioner applied for an on-premises beer and wine permit for an establishment located at 3122 Two Notch Road, Columbia, South Carolina. Several members of the community protested Petitioner's application. The South Carolina Department of Revenue did not oppose Petitioner's application and pursuant to the motion of its counsel, Arlene Hand, the Department was excused from appearing at the hearing.
After timely notice to the parties and protestants, a hearing was scheduled for April 20, 1999, at the Administrative Law Judge Division in Columbia, South Carolina. However, Petitioner failed to appear at the hearing. Thus, Petitioner's application is deemed withdrawn. 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, she has an obligation to advance her 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
April 20, 1999
Columbia, South Carolina |
