South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

Nilay Patel, d/b/a NB Liquors vs. DOR

South Carolina Department of Revenue

Nilay Patel, d/b/a NB Liquors
1216 Oakland Ave., Florence, SC

South Carolina Department of Revenue

For the Petitioner: James H. Harrison, Esquire

For the Department of Revenue: Anne Pearce, Esquire

For the Protestant: No Appearance



This matter comes before the Administrative Law Court (ALC or Court) Footnote 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. Footnote 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

Brown Bldg.






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