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:
Trudy H. Malone, d/b/a Catawba Junction vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Trudy H. Malone, d/b/a Catawba Junction

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
99-ALJ-17-0258-CC

APPEARANCES:
For the Petitioner: No Appearance

For the Department of Revenue: Arlene D. Hand, Esquire

For the Protestant: Capt. Doug Taylor
 

ORDERS:

ORDER OF DISMISSAL

This matter was before the Administrative Law Judge Division (Division or ALJD) on September 23, 1999, pursuant to S.C. Code Ann. § 12-60-1320 (Supp. 1998) and S.C. Code §§ 1-23-310 et seq. (1986 and Supp. 1998) for a contested case hearing on the South Carolina Department of Revenue's (Department) denial of the Petitioner's application for an on-premise beer and wine permit for Catawba Junction located at 4825 Cureton Ferry Road, Catawba, South Carolina. The Petitioner, after receiving timely notice from the Division, did not appear at the hearing and did not notify the Division that she would not be appearing.

After waiting approximately five minutes for the Petitioner to appear, the Court commenced this hearing. The Department then made a Motion to Dismiss under Administrative Law Judge Division Rule 23. Accordingly, pursuant to ALJD Rule 23, this matter is hereby dismissed. Rule 23 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 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. Any non-defaulting party may move for an order dismissing the case or terminating it adversely to the defaulting party. (emphasis added).



Because the Petitioner did not appear before the Division, did not request a continuance, and has not otherwise contacted this tribunal regarding this hearing as of the issuance of this Order,

IT IS THEREFORE ORDERED that the above-captioned case is hereby dismissed with prejudice.

AND IT IS SO ORDERED.







_______________________________

RALPH KING ANDERSON, III

ADMINISTRATIVE LAW JUDGE





September 24, 1999

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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