ORDERS:
FINAL ORDER AND DECISION
I. Introduction
Katrina Byrne (Byrne) filed with the South Carolina Department of Revenue (DOR), an application for an off-premises beer
and wine permit for 2720 l/2 Edgefield Highway, Trenton, South Carolina. A single protest was filed by Cheryl G. Neely
seeking to deny the permit.
Once a protest is filed, under 23 S.C. Code Ann. Regs. 7-90 (Supp. 1998), a hearing is required before the Administrative
Law Judge Division (ALJD). However, in this case, no protestant appeared at the hearing, and thus no grounds challenging
the granting of the permit were presented. Further, absent the protest, DOR would have granted the permit. Accordingly,
no basis exists to deny the requested permit.
II. Order
Since a single protest was the only basis for the hearing, since no protestant appeared at the hearing, and since DOR would
have granted the application but for the protest, DOR shall process the application and grant the permit.
AND IT IS SO ORDERED.
_________________________________
RAY N. STEVENS
Administrative Law Judge
Dated: September 8, 1999
Columbia, South Carolina |
