ORDERS:
ORDER
This matter is before the Administrative Law Judge Division pursuant to the Agency Transmittal Form filed
by the Department of Revenue ("Department") on July 3, 2001. Thomas Dorsett ("Respondent") is appealing
the Department's finding that he violated 23 S.C. Code Ann. Regs. 7-9(B) (Supp. 2000), which prohibits the
holder of a beer and wine permit from allowing the sale of beer or wine to a person who is less than twenty-one years of age. According to the Department, on February 15, 2001, Respondent sold a beer to a nineteen-year-old customer without asking for identification or proof of age.
Respondent apparently was convicted in Magistrate's Court of a charge related to this incident. Respondent
appealed the conviction to circuit court and currently has a case pending under docket number 2001-CP-26-1883. In a letter dated August 16, 2001, Respondent indicates he will withdraw his request for a hearing and
simply pay the fine if his conviction is upheld in circuit court. According to the Department, if new
information arises during the circuit court case, the Department may reexamine Respondent's administrative
violation. It is unclear, however, when the circuit court judge will issue a decision regarding Respondent's
case.
IT IS HEREBY ORDERED that this case is stricken from the docket until the Department files a motion to
restore the case or a motion to dismiss the case.
AND IT IS SO ORDERED.
__________________________________
MARVIN F. KITTRELL
Chief Administrative Law Judge
August 24, 2001
Columbia, South Carolina |
