South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Miriam Rodrigues, d/b/a Coco Bongo vs. DOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
Miriam Rodrigues, d/b/a Coco Bongo
605B N. Kings Hwy., Myrtle Beach, SC

Respondent:
South Carolina Department of Revenue
 
DOCKET NUMBER:
04-ALJ-17-0225-CC

APPEARANCES:
For the Petitioner: David H. Cooley, Esquire

For the Department of Revenue: Excused from Appearing

For the Protestant: No Appearance
 

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


Brown Bldg.

 

 

 

 

 

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