ORDERS:
ORDER OF DEFAULT AND DISMISSAL
In the above-captioned matter, on November 15, 1996, this tribunal ordered that the
parties in this matter submit Prehearing Statements within fifteen (15) days of the date of its
Order. On December 17, 1996, respondent's legal representative moved this tribunal for an
extension to file its Prehearing Statement because he was unable to locate his client. This tribunal
granted respondent an extension until February 14, 1997 to file a Prehearing Statement.
Furthermore, this tribunal scheduled this matter to be heard on March 4, 1997. However, on
February 24, 1997, respondent's legal counsel advised this tribunal that, after several attempts to
locate his client, he was still unable to determine his client's whereabouts. Additionally, counsel
requested that this matter be removed from the docket or, in the alternative, continued.
On February 25, 1997, petitioner filed a Motion To Terminate the above-captioned matter
adversely to respondent pursuant to ALJD Rule 23. Petitioner cited respondent's failure to
comply with this tribunal's interlocutory order and his failure to defend as grounds supporting its
motion.
According to ALJD Rule 23, upon default, this tribunal may dismiss a contested case or
dispose of a contested case adversely 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.
ALJD Rule 23.
Respondent Keith Pyrtle, Pres., PRS Corp., Inc. of Columbia, d/b/a Shandon Club has not
been available to assist his legal representative in filing a Prehearing Statement with this tribunal.
Moreover, it is clear to this tribunal that respondent Keith Pyrtle has not defended this matter,
and, by his unavailability, does not intend to defend this matter.
IT IS THEREFORE ORDERED that, for failure to comply with the Order for
Prehearing Statements and for failure to defend, respondent is in default and this case is hereby
dismissed adversely to his interest.
IT IS FURTHER ORDERED that the $500 fine imposed by petitioner against the
respondent is hereby sustained and that the Department shall revoke respondent's nonprofit sale
and consumption license (SC 629403).
AND IT IS SO ORDERED.
_______________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1667
Columbia, South Carolina
February 28, 1997 |
