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. §§ 61-2-260 and 61-6-185 (Supp. 2003) for a contested case hearing. The Petitioner in this matter is seeking the issuance
of a retail liquor license for NB Liquors, a location situated at 1216 Oakland Avenue, Florence,
South Carolina. A hearing was held on June 17, 2004 at the offices of the ALC in Columbia, South
Carolina. The Protestant, after receiving timely notice from the Court, did not appear at the hearing.
The Petitioner and the Department were both present at the hearing with counsel and witnesses. S.C. Code Ann. §§ 61-6-110 et seq. (Supp. 2003) establishes the criteria for the issuance of
a retail liquor license. In its Agency Transmittal and at the hearing, the Department advised the
Court that Petitioner appears to have met all statutory requirements, and but for the protest, the
Department would have issued the permit.
The hearing was commenced at approximately 10:07 a.m. and the Protestant did not appear
before the hearing concluded. Upon the motion of counsel for the Petitioner, the Court then
dismissed this action. Administrative Law Court 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 Protestant did not appear before the Court,
IT IS HEREBY ORDERED that the above-captioned case is dismissed with prejudice; and.
IT IS FURTHER ORDERED that the Department of Revenue shall issue to the Petitioner
a retail liquor license for the location at 1216 Oakland Avenue, Florence, South Carolina. AND IT IS SO ORDERED.
_______________________________
Marvin F. Kittrell
Chief Administrative Law Judge
June 17, 2004
Columbia, South Carolina |
