ORDERS:
FINAL ORDER AND DECISION
This matter is before the Administrative Law Court (“ALC”) pursuant to
S.C. Code Ann. §§ 1‑23‑310 et seq. (2005 & Supp. 2005)
and S.C. Code Ann. § 61-2-260 (Supp. 2005) for a contested case hearing. The
Petitioner, EHAK, LLC d/b/a Belton Pool Hall, seeks an on-premises beer and
wine permit for the location at 303 Anderson Street, Belton, South Carolina
29627. The South Carolina Department of Revenue (“Department”) received written
protests from W. Herbert Taylor and the Belton Interfaith Ministerial
Association (“Protestants”) who raised the issue of suitability of location. Aside
from the protest, the Department stipulated that the application meets all
other statutory requirements.
After notice to the parties and Protestants, the court held a hearing on September
21, 2006 at the ALC in Columbia, South Carolina. The Petitioner was present at
the hearing as was the Department. The Protestants did not appear at the
hearing and did not notify the court that they would not be appearing.
After waiting approximately twenty minutes for the Protestants to appear,
the court, upon motion of the Petitioner, deemed the protest invalid for
failure to appear pursuant to S.C. Code Ann. § 61-4-525(C) which states, “If
the protestant, during the investigation expresses no desire to attend a
contested hearing and offer testimony, the protest is considered invalid, and
the department shall continue to process the application and shall issue the
permit if all other statutory requirements are met.” In addition, ALC 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 Protestants did not appear before the court, did not request
a continuance, and have not otherwise contacted this tribunal regarding this
hearing as of the issuance of this Order, it is hereby
ORDERED that this matter is remanded to the Department of Revenue
with instructions to continue processing the Petitioner’s application and to
issue the requested on-premises beer and wine permit pursuant to S.C. Code Ann.
§§ 61-4-525(C), -540 (Supp. 2005).
IT IS SO ORDERED.
_______________________________
PAIGE J.
GOSSETT
Administrative
Law Judge
September 21, 2006
Columbia, South Carolina |