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. §§ 61-4-520 &
61-6-185 (Supp. 2003) for a contested case hearing. The Petitioner in this matter is seeking the
issuance of an on-premises beer and wine permit for Coco Bongo, a location situated at 605B N.
Kings Hwy., Myrtle Beach, South Carolina. A hearing was held on August 3, 2004 at the offices
of the ALC in Columbia, South Carolina. The Department of Revenue (Department), who set
forth that the Petitioner’s application would have been granted but for the protest it received from
a concerned citizen, was excused from appearing at the hearing pursuant to my Order dated July
15, 2004. The Petitioner was present at the hearing with counsel. However, the Protestant, after
receiving notice from the Court, did not appear at the hearing and did not notify the Court that
she would not be appearing.
After waiting approximately fifteen (15) minutes for the Protestant to appear, the Court
commenced this hearing. Upon Motion of the Petitioner’s counsel, the Court then dismissed this
action 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 Protestant did not appear before the Court and did not otherwise contact this tribunal
to notify the Court that she would be late or absent,
IT IS HEREBY ORDERED that the above-captioned case is dismissed with prejudice.
IT IS FURTHER ORDERED that the Department resume processing the Petitioner’s
application in this matter.
AND IT IS SO ORDERED.
_______________________________
Ralph King Anderson, III
Administrative Law Judge
August 3, 2004
Columbia, South Carolina |