ORDERS:
ORDER
This matter came before the undersigned pursuant to Respondent's request for a contested case hearing challenging the
imposition of citations and penalties by Petitioner. A Notice of Hearing dated September 17, 2001, was mailed to both
parties, setting the hearing for November 27, 2001, at 10:00 a.m. On the designated day at the designated time, Petitioner
made an appearance. However, no person representing Respondent appeared. On November 29, 2001, the undersigned
issued an Order affirming the Petitioner's imposition of citations and fines for violations of Child Labor laws. On
December 2, 2001, this office received a telephone call from Mr. Jack Lazarus, President of Respondent Grand Prix Family
Thrill Park. Mr. Lazarus averred that Respondent never received the Notice of Hearing and were unaware that a hearing
was scheduled on November 27, 2001. By letter dated December 2, 2001, Mr. Lazarus reiterated that Grand Prix had not
received a Notice of Hearing and requested another hearing date. Because the Notice of Hearing was mailed less than a
week following the tragic events of September 11, it is entirely possible, if not probable, that the Notice of Hearing mailed
by this office to Respondent did not reach Respondent. Accordingly,
IT IS THEREFORE ORDERED that the November 29, 2001 Order and Decision in the case bearing Docket No.: 01-ALJ-11-0358-CC is VACATED;
IT IS FURTHER ORDERED that the case bearing Docket No.: 01-ALJ-11-0358-CC is reopened;
IT IS FURTHER ORDERED that a contested case hearing in the case bearing Docket No.:01-ALJ-11-0358-CC will be
conducted before the undersigned on February 7, 2002, at 10:00 a.m. at the Administrative Law Judge Division
("ALJD"), Edgar A. Brown Building, Suite 224, 1205 Pendleton Street, Columbia, South Carolina. Parties and/or
counsel shall arrive fifteen (15) minutes prior to the hearing. If voluminous exhibits are anticipated parties and/or
counsel shall arrive thirty (30) minutes prior to the hearing.
1. This hearing will be conducted in accordance with the Rules of Procedure
of the Administrative Law Judge Division, a copy of which is available from
the Clerk of the Division.
2. Unless otherwise determined by the Administrative Law Judge, the hearing
will proceed as follows:
a. Call of the case;
b. Motions and other preliminary matters such as stipulations,
agreements, or consent orders to be entered into the record;
c. Opening statements, not to exceed ten (10) minutes, with
the party requesting the contested hearing proceeding first;
d. Presentation of evidence;
e. Final arguments, not to exceed fifteen (15) minutes, with
the party requesting the contested hearing opening and closing.
3. All parties are notified to bring to the hearing all documents, records and
witnesses needed to present the party's case. NOTE: IF SPECIAL EQUIPMENT
IS REQUIRED FOR THE PRESENTATION OF EVIDENCE, THE PARTY
PRESENTING THE EVIDENCE IS RESPONSIBLE FOR OBTAINING THE EQUIPMENT AND ITS
CUSTODY.
4. Subpoenas are available to the parties pursuant to S.C. Code Ann. § 1-23-320(d)
(Supp. 1999) and the rules of the Division, to compel the attendance of witnesses or for the production of documents at the
hearing. The parties are responsible for service of subpoenas.
5. A party may represent himself or may be represented by an attorney at the hearing. An attorney representing a party
must file a Notice of Appearance within ten (10) days of service of this Notice, unless previously filed with the Division.
6. TAKE NOTICE THAT A FAILURE TO APPEAR AT THE HEARING MAY
RESULT IN:
a. A finding that the party who fails to appear does not object to
the relief of which notice has been given;
b. Dismissal of the case or striking of the pleadings of the party
who fails to appear;
c. Exclusion of evidence proffered by the party who fails to
appear; or
d. Such other rulings as are deemed appropriate by the Administrative
Law Judge.
7. Continuances will be granted only when extraordinary circumstances exist.
Parties may request continuances no later than 24 hours prior to the scheduled hearing date.
8. In case of settlement or dismissal, failure of the parties to inform the Administrative Law Judge Division prior to the
scheduled hearing that the hearing is not necessary may result in imposition of Administrative Law Judge Division costs
and Court Reporter fees against the parties.
AND IT IS SO ORDERED.
________________________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
December 13, 2001
Columbia, South Carolina. |
