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Administrative Law Court
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SC Administrative Law Court Decisions

G & T Entertainment, Inc., d/b/a G.T. Express Mart #3 vs. SCDOR

South Carolina Department of Revenue

G & T Entertainment, Inc., d/b/a G.T. Express Mart #3

Mary Ann Gidewall, Pro Se Protestant& T Entertainment, Inc., d/b/a G.T. Express Mart #3

South Carolina Department of Revenue

No Appearance for the Petitioner

Mary Ann Gidewall, Pro Se Protestant



This matter was before the Administrative Law Judge Division (Division or ALJD) on December 30, 1999, pursuant to S.C. Code Ann. § 61-4-520 (Supp. 1998) and S.C. Code §§ 1-23-310 et seq. (1986 and Supp. 1998) for a contested case hearing. The South Carolina Department of Revenue (Department) filed a Motion to be Excused, setting forth that but for the protests of the Protestants this permit would have been issued. This Motion was granted by my Order dated September 14, 1999. The Petitioner's application was for an off-premises beer and wine permit for G&T Entertainment, Inc., d/b/a G.T. Express Mart #3 located at 7 North Main Street, Travelers Rest, Greenville County, South Carolina. The Petitioner, after receiving timely notice from the Division, did not appear at the hearing and did not notify the Division that he would not be appearing.

After waiting approximately twenty-five minutes for the Petitioner to appear, the Court commenced this hearing. The Division, sua sponte, then dismissed this action with prejudice under Administrative Law Judge Division Rule 23 with prejudice. 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.

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 HEREBY ORDERED that the above-captioned case is dismissed with prejudice.



Ralph King Anderson, III

Administrative Law Judge

January 10, 2000

Columbia, South Carolina

Brown Bldg.






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