South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Winner's World Lounge, Inc. And J. M. Brown, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Winner's World Lounge, Inc. And J. M. Brown Amusement Co. Inc., 2887 Tourism Drive Garden City, S.C.
 
DOCKET NUMBER:
97-ALJ-17-0751-CC

APPEARANCES:
For the Petitioner: Nicholas P. Sipe, Esquire

For the Respondents: No Appearance
 

ORDERS:

ORDER OF DISMISSAL

This matter came before the Court on March 5, 1998 pursuant to the Respondents' appeal of a Final Agency Determination of the South Carolina Department of Revenue's ("Department") finding that the Respondents violated the single place or premise provisions of the South Carolina Video Game Machines Act.

This matter was set for a contested case hearing pursuant to S.C. Code Ann. §§ 1-23-310, et seq., and 12-4-30(D) (Supp. 1997). Counsel for both parties were notified of the date, time, and place of the hearing in this matter by a Notice of Hearing mailed by my office on January 6, 1998. Counsel for the Respondents, Kenneth E. Allen, informed the Court prior to the hearing that "[d]ue to a potential conflict of interest [he] no longer represented the interest of Brown Amusement or Winners World Lounge, Inc."

The Respondents were notified of the 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.

After waiting ten minutes beyond the scheduled time of the hearing for Respondents to make an appearance, the hearing was commenced. The Petitioner then made a Motion to Dismiss. 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.

I find that the Respondents are 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 assessment and license revocations against the Respondents as stated in the Department's determination issued on October 17, 1997.

_______________________________

Ralph King Anderson, III

Administrative Law Judge

Columbia, South Carolina

March 6, 1998


Brown Bldg.

 

 

 

 

 

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