ORDERS:
CONSENT ORDER
This matter came before the Court pursuant to a request for a contested case hearing from the Respondent, Heartconnections of SC,
Inc. as result of receiving a Violation Report issued by the South Carolina Law Enforcement Division ("SLED") and subsequent Final Agency
Determination by the Petitioner, South Carolina Department of Revenue ("Department") against the Respondent for a violation of 23 South
Carolina Code of Regulations Reg. 7-401.3, "Failure to Maintain Restaurant Requirements", on May 15, 2004. Specifically, SLED and the
Department determined that on a May 14, 2004, inspection, and on a prior inspection on December 17, 2003, the Respondent was not primarily
and substantially engaged in the preparation and service of food, as demonstrated by the lack of food items, no kitchen, no kitchen equipment, no
menus, and no food service. As result, the Department sought to revoke the Respondent's license and permit. On June 22, 2004, the Department
sent the Respondent a Notice of Revocation, in accordance with the Revenue Procedures Act ("RPA"). No Protest, or other response was received
by the Department in response thereto. Subsequently, on December 9, 2004, the Department issued a Final Determination, affirming its decision
to revoke the minibottle license and beer/wine permit of the Respondent. The Department, in addition to raising the factual underpinnings (not
being primarily and substantially engaged in the preparation and service of meals) also raised the Respondent's failure to respond in accordance
with the RPA as a bar to the Respondent to any additional administrative relief. The Respondent, upon receipt of the Department's Final
Determination, appealed the decision and sought a hearing before the Administrative Law Court.
A hearing was scheduled in this matter before the Court on April 27, 2005. Prior to the hearing, an agreement was reached between
the parties resolving this matter on the following terms and conditions:
1. The Respondent agrees to consent to the revocation of its mini-bottle license and its beer and wine permit, effective at midnight,
May 30, 2005; and
2. The Respondent agrees to surrender the mini-bottle license and its beer and wine permit to the Department on May 31, 2005.
Having reviewed the foregoing agreement, I hereby ORDER its adoption and dismiss the Petition in this matter with prejudice.
WE SO MOVE:
________________________________________________
Dana R. Krajack, Esq.Kenneth E. Allen, Esq.
Counsel for Regulatory LitigationAttorney for the Respondent
P.O. Box 1251201 Main Street, Suite 1980
Columbia, SC 29214Columbia, SC 29201
(803) 898-5172 (803) 748-1335
IT IS SO ORDERED.
__________________________
Ralph K. Anderson, III
Administrative Law Judge
Columbia, South Carolina
May 4, 2005 |