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 Century Farm Oil, LLC, d/b/a
Century Farm Oil (Century Farm Oil) for an alleged violation of 23 S.C. Code
Ann. Regs. 7-200.4 on January 15, 2008. Century Farm Oil 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 January 15, 2008, by Century Farm Oil at its location at 2100
Hwy. 86 in Piedmont, South Carolina.
2. Century Farm Oil admits to a violation of
Regulation 7-200.4 on January 15, 2008. Century Farm Oil further admits this violation of Regulation 7-200.4 would be its third violation in the three
years prior to January 15, 2008. The previous offenses occurred on January 2, 2006 and August 2, 2006.
3. While it believes it could propound compelling
evidence to mitigate the Department’s sought-after penalty in a contested case
hearing, in the interests of economy, Century Farm Oil agrees to a suspension
of its permit (#32001934 PBG) for this alleged violation to resolve the instant
matter.
4. The effective date of the suspension shall be on
the date this order is signed and will continue for 45 consecutive days.
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.
September 10, 2008 _____________________________
The Honorable Paige J. Gossett
Administrative
Law Judge
WE SO CONSENT:
________________________ ___________________________
Andrew L. Richardson, Jr. Christian
Stegmaier
South Carolina Department of Revenue Counsel for Century
Farm Oil, LLC d/b/a Century Farm Oil
September 8, 2008 August 27, 2008
WE CONCUR:
Century Farm Oil, LLC d/b/a
Century Farm Oil
_________________________________
By: ______________________, its _______________________
August 16, 2008
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