COUNTY OF WAKE / IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
10 ABC 9704
NORTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION,
Petitioner,
v.
CENTRO CELVESERA LA ZAONA, LLC, T/A CENTRO CELVESERA LA SAONA,
Respondent. / )
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)
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) / DECISION
This contested case was commenced on December 30, 2010 by the filing of a petition by the North Carolina Alcoholic Beverage Control Commission. An order was entered on January 07, 2011 requiring that the parties file prehearing statements in the Office of Administrative Hearings on or before February 07, 2011. Petitioner filed its prehearing statement on February 01, 2011. Respondent did not file a prehearing statement as ordered. On February 28, 2011, an order was entered extending time through March 10, 2011 for Respondent to file its prehearing statement. Respondent did not file a prehearing statement as ordered. A Second Order for Prehearing Statements was entered on March 15, 2011 requiring that Respondent file its prehearing statement not later than March 23, 2011 or risk sanctions for noncompliance with the orders entered. Respondent did not file a prehearing statement as ordered. On March 11, 2011, Petitioner filed a motion for sanctions against Respondent for Respondent’s noncompliance with the orders for a prehearing statement.
DECISION
Having considered the documents of record in this contested case, and viewing the motion for sanctions in the light most favorable to the nonmovant Respondent, I find that Respondent has failed to comply with numerous orders for prehearing statements and that such failure has frustrated the orderly hearings process. Petitioner’s motion for sanctions should be, and the same hereby is, ALLOWED AS FOLLOWS: the violation charged against Respondent, a mixed beverage permittee, that Respondent failed to file an annual financial and inventory report, as required by 04 NCAC .02S.0518(d), for the period of January 01, 2009 through December 31, 2009 regarding the sale of alcohol and other related information is deemed proven without further evidence or proof. Petitioner Alcoholic Beverage Control Commission has sufficient grounds to revoke,within its discretion, the Mixed Beverage Permit of Respondent for violation of the Commission’s rule requiring annual financial and inventory reports for the calendar year 2009.
NOTICE
The North Carolina Alcoholic Beverage Control Commission is the agency that will make the Final Decision in this contested case.
The Agency is required to give each party an opportunity to file exceptions to the decision and to present written arguments to those in the Agency who will make the final decision. N.C. Gen. Stat. § 150-36(a). The Agency is required by N.C. Gen. Stat. § 150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy to the parties' attorneys of record and to the Office of Administrative Hearings.
In accordance with N.C. Gen. Stat. § 150B-36, the Agency shall adopt each finding of fact contained in the Administrative Law Judge's decision unless the finding is clearly contrary to the preponderance of the admissible evidence. For each finding of fact not adopted by the agency, the agency shall set forth separately and in detail the reasons for not adopting the finding of fact and the evidence in the record relied upon by the agency in not adopting the finding of fact. For each new finding of fact made by the agency that is not contained in the Administrative Law Judge's decision, the agency shall set forth separately and in detail the evidence in the record relied upon by the agency in making the finding of fact.
This the 31STday of March, 2011.
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Beecher R. Gray
Administrative Law Judge