ORDERS:
ORDER
This matter comes before me upon Respondent's Motion for Reconsideration and Motion
for Stay in the above matter, filed with the Court on July 19, 1995, pursuant to ALJD Rule 29,
subsequent to this Court's Order and Decision dated June 30, 1995, suspending Respondent's beer
and wine permit for thirty days. The suspension was ordered upon Respondent's failure to
appear and defend himself at a June 28, 1995 hearing regarding a violation of S.C. Code Ann.
Regs. 7-9(b). Arguments on the motions were heard at a hearing on July 26, 1995.
Movant/Respondent offered as grounds for the stay and reconsideration the elderly age
and poor health of himself and his co-owner brother, a mistake in scheduling , and general
confusion regarding the significance of the proceedings.
The record indicates, however, that Respondent received an agency transmittal form,
Notice of Assignment, Order for Prehearing Statement, DOR's Prehearing Statement, Notice of
Hearing, and other correspondence from the Court and DOR involving the matter. Respondent's
brother also spoke by telephone to Administrative Law Judge Division personnel on June 13,
1995, about the matter and indicated that Respondent was considering retaining an attorney.
Further, Respondent has appeared before this court in a proceeding in 1994, so he is generally
familiar with the location and operation of the Administrative Law Judge Division.
The June 30, 1995 Order of this Court finding Respondent in default and ordering the
relief requested by DOR was rightfully rendered. A party who fails to comply with an
interlocutory order of an administrative law judge or fails to appear at a hearing without prior
consent of the judge is in default under ALJD Rule 23. The stated bases for reconsideration
asserted by Respondent fail to establish excusable neglect for Respondent's failure to appear at the
hearing. McInerny v. Toler, 260 S.C. 382, 196 S.E.2d 529 (1981); McCall v. A-T-0 Inc., 276
S.C. 143, 276 S.E.2d 529 (1981).
IT IS THEREFORE ORDERED that Respondent's Motion to Reconsider and Motion
for Stay are denied. The June 30, 1995 Order of this Court remains in full force and effect.
___________________________
STEPHEN P. BATES
Administrative Law Judge
July __, 1995
Columbia, South Carolina |
