ORDERS:
ORDER AND DECISION
This matter comes before me pursuant to S.C. Code Ann. § 50-9-1050 (Supp. 1993) and S.C.
Code Ann. §§ 1-23-310, et seq. (Rev. 1986 & Supp. 1993) upon a request for review of a
suspension of hunting and fishing privileges of Tally F. Wingard by the South Carolina
Department of Natural Resources ("DNR"). A hearing was held on January 11, 1995. Based
upon the testimony and evidence presented, Petitioner's privileges are suspended.
FINDINGS OF FACT
By a preponderance of the evidence, I find:
(1) Petitioner was cited for two violations of hunting on wildlife management area lands, under
S.C. Code Ann. § 50-9-150 (Supp. 1993) on October 28, 1993, and pled guilty to the charges on
November 22, 1993, paying a total fine of $100.
(2) Petitioner was cited for a violation of taking doves over bait, under S.C. Code Ann.
§ 50-11-10 (Supp. 1993) on September 3, 1994, and pled guilty to the charge on September 30,
1994, paying a fine of $100.
(3) DNR assessed points against the fishing and hunting license of Petitioner under the point
suspension system for each offense.
(4) The accumulated points for the three offenses, all accumulated within a one-year period, total
twenty-four (24) points.
(5) Upon the points being assessed, DNR issued to Petitioner an Official Order Of Suspension,
dated October 27, 1994.
CONCLUSIONS OF LAW
Based upon the foregoing Findings of Fact, I conclude, as a matter of law, the following:
(1) The South Carolina Administrative Law Judge Division is empowered to hear this case
pursuant to S.C.Code Ann. § 50-9-150 (Supp. 1993) and Chapter 23 of Title I of the 1976 Code,
as amended.
(2) Petitioner requested a hearing for review of the administrative suspension of his hunting and
fishing privileges under the point system pursuant to S.C. Code Ann. § 50-9-1050 (Supp. 1993).
(3) Petitioner was assessed eight (8) points per violation, as specified pursuant to S.C. Code Ann.
§ 50-9-1020 (Supp. 1993).
(4) Upon the accumulation of eighteen (18) or more points, DNR shall suspend that person's
hunting and fishing privileges pursuant to S.C. Code Ann. §§ 50-9-1030 and 50-9-1040 (Supp.
1993).
(5) Petitioner accumulated more than eighteen (18) points within a one-year period.
(6) The points were properly assessed, and DNR is required to suspend the hunting and fishing
privileges of Petitioner.
ORDER
IT IS THEREFORE ORDERED that DNR suspend the hunting and fishing privileges of Tally
Wingard for one year, such suspension to commence on the eleventh day following the date of
this Order.
_______________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
January ____, 1995
Columbia, South Carolina |