ORDERS:
ORDER OF DISMISSAL
This matter was before the Administrative Law Judge Division (Division or ALJD) on August 19, 1999, pursuant to S.C.
Code Ann. § 61-2-260 (Supp. 1998), § 61-4-520 (Supp. 1998) and S.C. Code §§ 1-23-310 et seq. (1986 and Supp. 1998)
for a contested case hearing on the South Carolina Department of Revenue's (Department) denial of the Petitioner's
application for an on-premise beer and wine permit for P&Q Quickstop located at 210 Plowden Mill Road, Clarendon
County, South Carolina.(1)
The Petitioner, after receiving timely notice from the Division and his former attorney, Kenneth
E. Allen, did not appear at the hearing and did not notify the Division that he would not be appearing. Furthermore, two
members of the Alcolu community protested the issuance of this permit but did not appear after timely notice from the
ALJD.
After waiting approximately ten minutes for the Petitioner to appear, the Court commenced this hearing. The Department
then made a Motion to Dismiss under Administrative Law Judge Division Rule 23. Accordingly, pursuant to ALJD Rule 23,
this matter is hereby dismissed. Rule 23 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 plead 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. (emphasis added).
Because the Petitioner did not appear before the Division, did not request a continuance, and has not otherwise contacted
this tribunal regarding this hearing as of the issuance of this Order,
IT IS THEREFORE ORDERED that the above-captioned case is hereby dismissed with prejudice.
AND IT IS SO ORDERED.
_______________________________
RALPH KING ANDERSON, III
ADMINISTRATIVE LAW JUDGE
September 21, 1999
Columbia, South Carolina
1. The South Carolina Department of Revenue did not issue this permit to the Petitioner pursuant to S.C. Code Ann. § 61-4-520(1) (Supp. 1998)
because he plead guilty to the crime of assault and battery of a high and aggravated nature (ABHAN) on March 4, 1998. |