South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Joshua Collins vs. SCDCA

AGENCY:
South Carolina Department of Consumer Affairs

PARTIES:
Petitioner:
Joshua Collins

Respondent:
South Carolina Department of Consumer Affairs
 
DOCKET NUMBER:
06-ALJ-30-0007-CC

APPEARANCES:
No Appearance for Petitioner

Charles M. Knight, Esquire for Respondent
 

ORDERS:

FINAL ORDER AND DECISION

This matter comes before the Administrative Law Court pursuant to S.C. Code Ann. §§ 1‑23‑310 et seq. (1986 & Supp. 2005) and S.C. Code Ann. § 40-58-55 (Supp. 2005) for a contested case hearing. The Petitioner, Joshua Collins, sought a contested case hearing following the Department of Consumer Affairs’ denial of his application for an Originator License for Mortgage Broker Company Originators. The Department denied the application because the Petitioner has been convicted of numerous crimes, and because he was not truthful on his application for an originator’s license. After proper notice to the parties, a hearing was held on May 4, 2006 at the Court in Columbia, South Carolina. Counsel for the Respondent was present at the hearing as noted. After waiting approximately fifteen (15) minutes for the Petitioner to appear, the Court commenced this hearing and finds that the Respondent’s decision to deny the Petitioner’s application for an originator’s license should be upheld.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

Having carefully considered all testimony, exhibits, and arguments presented at the hearing of this matter, and taking into account the credibility and accuracy of the evidence, I make the following findings of fact by a preponderance of the evidence:

1. Notice of the time, date and place of hearing was provided to all parties as required by ALC Rule 15.

2. At the call of the case, Respondent’s counsel was present, but the Petitioner was not.

3. The Respondent introduced the Petitioner’s application which was filed November 8, 2005. On this application, the Petitioner checked “No” in response to question 1 which asks, “Have you ever been convicted of a felony or of an offense involving breach of trust, moral turpitude or dishonest dealings within the past ten years?”

4. The Respondent also introduced the arrest record provided by South Carolina Law Enforcement Division which showed that the Petitioner had been convicted of a second offense of driving under suspension in September 1996, as well as giving false information to a police office and drinking alcohol in public in November 1996. In December 1996, the Petitioner was convicted of resisting arrest, and in February 1999, the Petitioner was arrested for possession of crack cocaine. This charge was nolle prossed.

5. Under the terms of S.C. Code Ann. §40-58-55 (A) the Department may deny an originator’s license when it appears that the originator has been convicted of a felony or a crime of moral turpitude, or if the applicant has made a material misstatement in connection with the application. I find that the Department has shown that the Petitioner has been convicted of several crimes involving breach of trust, moral turpitude or dishonest dealings and that he did not truthfully complete his application.

6. In addition, under SC ALC Rule 23,

The administrative law judge may dismiss a contested case or dispose of a contested case adverse to the defaulting party. A default occurs when a party fails to plead or otherwise prosecute or defend, fails to appear at a hearing without the proper consent of the judge or fails to comply with any interlocutory order of the administrative law judge. Any non‑defaulting party may move for an order dismissing the case or terminating it adversely to the defaulting party. (Emphasis added.)

I find that the Petitioner has defaulted in this matter, and that the Department is entitled to the relief sought.


THEREFORE, IT IS ORDERED, that the South Carolina Department of Consumer Affairs’ decision to deny the Petitioner’s originator’s license for mortgage broker company originators due to his convictions for crimes involving breach of trust, moral turpitude or dishonest dealings is upheld, and the Petitioner’s license is denied.

AND IT IS SO ORDERED.

___________________________________

CAROLYN C. MATTHEWS

Administrative Law Judge

May 19, 2006

Columbia, South Carolina


 

 

 

 

Copyright © 2025 South Carolina Administrative Law Court