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. MHS Enterprises, Inc.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
MHS Enterprises, Inc.
 
DOCKET NUMBER:
99-ALJ-17-0168-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL FOR DEFAULT

On April 1, 1999, an ORDER was issued to all parties requiring the filing of Prehearing Statements within fifteen (15) days of the date of that ORDER. Given the additional five (5) day extension allowed for mailing under ALJD Rule 5(C), the Prehearing Statement was due on April 20, 1999. Respondent failed to file the Prehearing Statement.



On April 22, 1999, Respondent was again directed to file the Prehearing Statement on or before April 29, 1999. No Prehearing Statement was received by the close of business on the extension date of April 29, 1999. Thus, Respondent has failed to defend this matter and has failed to comply with an interlocutory Order of the Administrative Law Judge.



Upon a party's failure to defend an action or upon a failure to adhere to an interlocutory order, the Administrative Law Judge may issue an order so as to uphold the position of the opposing party in compliance. ALJD Rule 23. Therefore, IT IS ORDERED:



1. Due to the failure to adhere to an interlocutory order, Respondent is in default.

2. The South Carolina Department of Revenue is not in default.

3. Due to the default, Respondent is liable for DOR's imposition of a fine of $5,000 for failure to properly attach owner identification on two video poker machines as required by S.C. Code Ann. § 12-21-2748 (Supp. 1998).

AND IT IS SO ORDERED.



__________________________________

RAY N. STEVENS

Administrative Law Judge



This 5th day of May, 1999

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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