Opinion
21-ALJ-17-0386-CC
01-24-2022
South Carolina Department of Revenue, Petitioner, v. Preston & Ava, LLC, d/b/a Breaktime & Grill, Respondent.
ORDER OF DISMISSAL
S. PHILLIP LENSKI ADMINISTRATIVE LAW JUDGE.
This matter is before the Administrative Law Court (ALC or court) pursuant to a request for a contested case hearing filed by Preston & Ava, LLC, d/b/a Breaktime & Grill (Respondent) on September 23, 2021, contesting the South Carolina Department of Revenue's (Department or Petitioner) final determination to revoke the Respondent's beer and wine permit and liquor-by-the-drink license.
On November 22, 2021, counsel for the Respondent filed a Motion to be Relieved as counsel, and the court granted the motion on November 24, 2021. On January 19, 2022, the Department sent the court an electronic (email) message informing the court that after discussions with the Respondent, the Respondent informed the Department that it does not intend to retain counsel to represent itself in the case, and therefore would like to withdraw its request for a contested case hearing. The Department informed the Respondent of the-consequences of withdrawing its request for a contested case hearing. The Respondent confirmed its decision in a subsequent email.
Therefore, as the Respondent has withdrawn its protest of the Department's final determination, IT IS HEREBY ORDERED that this matter is DISMISSED.
AND IT IS SO ORDERED.