ORDERS:
ORDER OF DISMISSAL
This matter comes before the Administrative Law Court (ALC or Court)
pursuant to
S.C. Code Ann. §§ 1-23-310 et seq. (1986 & Supp. 2003) and S.C. Code Ann. §§ 61-2-20 and 61-2-260 (Supp. 2003) for a contested case hearing. The Department of Revenue (Department) is seeking
revocation of the Respondent’s on-premise beer and wine permit and sale and consumption
(minibottle) license for its location known as Static Night Club in Myrtle Beach, South Carolina.
A hearing was held on April 28, 2004 at the offices of the ALC in Columbia, South Carolina. The
Respondent, after receiving timely notice from the Court, did not appear at the hearing and did not
notify the Court that he would not be appearing. The Department was present at the hearing with
counsel and witnesses.
After waiting approximately fifteen (15) minutes for the Respondent to appear, the Court
commenced this hearing. Upon Motion of the Department, the Court then dismissed this action with
prejudice under Administrative Law Court Rule 23. 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.
Because the Respondent did not appear before the Court, did not request a continuance, and has not
otherwise contacted this tribunal regarding this hearing as of the issuance of this Order,
IT IS HEREBY ORDERED that the above-captioned case is dismissed with prejudice.
IT IS FURTHER ORDERED that the relief sought by the Department in this matter is
GRANTED.
AND IT IS SO ORDERED.
_______________________________
Ralph King Anderson, III
Administrative Law Judge
April 28, 2004
Columbia, South Carolina |
