South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Richard Atkinson, d/b/a Carolina Deli and Pub

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Richard Atkinson, d/b/a Carolina Deli and Pub
620 Poole Street, Hartsville, S.C.
 
DOCKET NUMBER:
98-ALJ-17-0299-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

In the above-captioned matter, pursuant to this tribunal's order of July 20, 1998, a hearing was scheduled for Friday, August 21, 998 at 10:00 a.m. at the Administrative Law Judge Division. Notice of the hearing was sent to both parties by first class United States mail on July 20, 1998. Although Petitioner and its witnesses appeared at the hearing, Respondent failed to appear and Petitioner moved for dismissal of the case under ALJD Rule 23. This Rule provides:

The administrative law judge may dismiss a contested case or dispose of a contested case adverse to the defaulting party. A default occurs when a party fails to respond 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. Any non-defaulting party may move for an order dismissing the case or terminating it adversely to the defaulting party.

By virtue of the Respondent's request for a contested case, he has an obligation to defend his position. "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). Respondent did not request a continuance or otherwise contact this tribunal regarding the hearing.

IT IS THEREFORE ORDERED that Petitioner's motion is granted, and pursuant to ALJD Rule 23, this matter is hereby dismissed and Respondent is subject to the penalty or penalties imposed in this matter.

AND IT IS SO ORDERED.

________________________________

JOHN D. GEATHERS

Administrative Law Judge

August 21, 1998

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

Copyright © 2022 South Carolina Administrative Law Court