ORDERS:
CONSENT AGREEMENT AND ORDER
This
matter was initiated by the South Carolina Department of Revenue (Department)
upon its issuance of a Department Determination to Convenience
& Petroleum Marketing, LLC, d/b/a Pumpers Premium Store for an alleged
violation of 23 S.C. Code Ann. Regs. 7-200.4 for on December 14, 2006. Pumpers requested a contested case hearing before the Administrative Law Court.
The parties stipulate that the matter has been resolved as set forth below:
1. The Department has alleged a violation of
Regulation 7-200.4 on December 14, 2006, by Convenience & Petroleum Marketing, LLC at its location on 703 Southeast Main Street in Simpsonville, South Carolina.
2. Convenience & Petroleum Marketing, LLC admits
evidence exists to support the Department’s allegations of violation of
Regulation 7-200.4 on December 14, 2006. Convenience & Petroleum Marketing, LLC further admits this violation of Regulation 7-200.4 would be its fourth
in the three years prior to December 14, 2006. The previous offenses occurred on February 24, 2004, November 2, 2004, and January 10, 2005.
3. While it believes it could propound compelling
evidence to mitigate the Department’s sought-after penalty in a contested case
hearing, due to the pending sale of its property at 703 Southeast Main Street
in Simpsonville, South Carolina to a separate and distinct third party and in
the interests of economy, Convenience & Petroleum Marketing, LLC agrees to a
revocation of its permit (# 32031860) for this alleged violation to resolve the
instant matter.
4. The effective date of the revocation shall be on Monday, September 25, 2008. The effective date of the revocation shall not be extended by
the Parties or the Court.
5. This Agreement and Order constitutes a final
resolution of the issues stated herein between the parties.
6. The parties further agree that they freely and
voluntarily entered into this Agreement and that such constitutes the full and
final resolution of this matter, which is hereby resolved with prejudice.
I
find this Agreement to be fair and equitable and hereby approve such
Agreement. This Court retains continuing jurisdiction to enforce the provisions
of this Order. Since the parties no longer require a hearing in this matter, I
order this matter Resolved with Prejudice.
IT
IS SO ORDERED.
July 22, 2008 _____________________________
The
Honorable John D. Geathers
Administrative
Law Judge
WE SO CONSENT:
_______________________ _____________________________
Amelia Furr Ruple, Esquire Christian
Stegmaier, Esquire
South Carolina Department of
Revenue Counsel for Convenience &
Petroleum
Marketing, LLC, d/b/a
June __________, 2008 Pumpers
Premium Store
June
__________, 2008
WE CONCUR:
Convenience & Petroleum
Marketing, LLC
_________________________________
By: ______________________, its _______________________
June ____________, 2008
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