ORDERS:
ORDER OF DISMISSAL
This matter came before the Court on March 19, 1998 pursuant to the Respondent's appeal
of a Final Agency Determination of the South Carolina Department of Revenue's ("Department")
citing the Respondents for four violations that occurred on July 28, 1997. Those violations were the
sale of beer during restricted hours in violation of 23 S.C. Code Ann. Regulation 7-86 (1976),
permitting the consumption of liquor by a non-member in violation of 23 S.C. Code Ann. Regulation
7-17(J) (1976), sale of liquor during restricted hours in violation of S.C. Code Ann. § 61-9-410(6)
(Supp. 1995) and permitting a criminal act (possession of beer during restricted hours) in violation
of S.C. Code Ann. § 61-9-410(5) (Supp. 1995). The Department imposed an Eight Hundred
($800.00) Dollar fine for each violation resulting in a total penalty of Three Thousand Two Hundred
($3,200.00) Dollars.
The Respondents were notified of the contested case hearing by my Order dated January 6,
1998. However, after receiving proper notice of the hearing, neither any counsel for the Respondents
nor the Respondents themselves appeared at the designated time and place. Respondents at no time
contacted the court to request a continuance or to inform the court that they would not appear at the
hearing on this matter. Furthermore, as of the time of this Order, we have heard nothing from them.
The Petitioner made a Motion to Dismiss pursuant to the Respondent's failure to appear.
ALJD Rule 23 provides that a default occurs when a party fails to appear at a hearing without the
proper consent of the judge. The Administrative Law Judge may adversely dispose of a case against
a defaulting party under those circumstances. After waiting ten minutes beyond the scheduled time
of the hearing for Respondents to make an appearance, I found that the Respondents were in default
in this case. "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). Therefore,
IT IS HEREBY ORDERED that the appeal of the Respondents of the final determination
of the Department in this matter be dismissed.
IT IS FURTHER ORDERED that the Department is thereby authorized to enforce the fines
levied against the Respondents as stated in the Department's determination issued on November 18,
1997.
_______________________________
Ralph King Anderson, III
Administrative Law Judge
Columbia, South Carolina
March 25, 1998 |
