ORDERS:
ORDER OF DISMISSAL
In the above captioned matter, the Department imposed a $400 fine for a first offense of violating the pricing
requirements of S.C. Code Ann. § 61-6-1520 (Supp. 2000) and the unlawful storage provision of S.C. Code
Ann. §61-6-1540 (Supp. 2000). Respondent holds a retail liquor license (#PRL32001173), and had other
items inside the main retail area of the liquor store in violation of the Alcoholic Beverage Control laws.
Respondent was provided notice that the hearing was scheduled for July 24, 2001, but failed to appear.
ALJD Rule 23 regarding Default 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.) By virtue of request for a contested case, Respondent has an obligation to advance a position.
"There is a limit beyond which the court should not allow a litigant to consume the time of the court . . . ."
Georganne Apparel, Inc. v. Todd, 303 S.C. 87, 92, 399 S.E.2d 16, 19 (Ct. App. 1990). By his failure to appear,
Respondent is deemed to have withdrawn or abandoned its challenge to the Department's determination.
THEREFORE, IT IS HEREBY ORDERED that this matter is dismissed with prejudice.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
August 3, 2001
Columbia, South Carolina |
