ORDERS:
ORDER AND DECISION
This matter comes before me for a hearing on the suspension of the hunting and fishing
privileges of George A. McCaskill. After timely notice to the parties, a hearing was conducted on
April 30, 1996 at the Administrative Law Judge Division, Columbia, South Carolina. Based upon
the testimony and evidence presented, Petitioner's hunting and fishing privileges are hereby
suspended.
FINDINGS OF FACT
I make the following Findings of Fact by a preponderance of the evidence:
1. On February 28, 1993, Petitioner was cited for violating S. C. Code Ann. § 50-13-1116 for failing to mark a nongame fishing device. On November 26, 1995, Petitioner was cited
for violating S.C. Code Ann. § 50-1-90 for hunting, fishing, or trapping without consent on the
land of another person. On this same date, Petitioner was cited for violating S.C. Code Ann. §
50-9-190 for failing to carry on his person his hunting license while hunting game. In magistrate's
court on March 19, 1993 and on December 8, 1995, respectively, Petitioner was convicted of
these violations and fined $248.25 for a violation of S.C. Code Ann. § 50-13-1116, $376 for a
violation of S.C. Code Ann. § 50-1-90, and $94 for a violation of S.C. Code Ann. § 50-9-190.
2. In 1993, the South Carolina Department of Natural Resources ("Department")
assessed eight (8) points against Petitioner's hunting and fishing license for the violation of S.C.
Code Ann. § 50-13-1116. Pursuant to S.C. Code Ann. § 50-9-1030, the Department deducted
four (4) points in 1994 and two (2) points in 1995 from the number of points charged against
Petitioner. As a result, two (2) points remained charged against Petitioner for the violation of §
50-13-1116. In 1995, the Department assessed ten (10) points against Petitioner's hunting and
fishing license for violation of S.C. Code Ann. § 50-1-90 and six (6) points for violation of S.C.
Code Ann. § 50-9-190. These violations resulted in the accumulation of eighteen (18) points.
3. As a result of the points accumulated, the Department issued Petitioner an official
Order of Suspension, dated January 15, 1996.
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 ("Division") is authorized
to hear this contested case pursuant to S.C. Code Ann. § 1-23-600(B) (Supp. 1995) and S.C.
Code Ann. § 50-9-1050 (Supp. 1995).
2. Pursuant to S.C. Code Ann. § 50-9-1050 (Supp. 1995), Petitoiner requested a
hearing on the Department's decision to suspend his hunting and fishing privileges.
3. S.C. Code Ann. § 50-9-1020 (Supp. 1995) establishes the point system for
violations to be used by the Department in suspending hunting and fishing privileges.
4. S.C. Code Ann. § 50-9-1030 (Supp. 1995) provides that upon conviction of a
violation as set forth in § 50-9-1020, the Department shall assess points against the holder of the
hunting and fishing license.
5. Pursuant to S.C. Code Ann. § 50-9-1020(1)(f), (i), and (j), Petitioner was assessed
eight (8), ten (10), and six (6) points for the respective violations for which he was convicted.
Also, pursuant to S.C. Code Ann. § 5-9-1030, six points were deducted from the number of
points assigned to Petitioner for violation of S.C. Code Ann. § 50-13-1116. Accordingly,
Petitioner has accumulated eighteen (18) points.
6. The Department is statutorily required to suspend for one year the hunting and
fishing privileges of any person who has accumulated eighteen (18) or more points. S.C. Code
Ann. § 50-9-1040 (Supp. 1995).
7. In this case, the inquiry of this tribunal is limited to "a determination of the validity
of the violations and the points assessed thereon." S.C. Code Ann. § 50-9-1050(c) (Supp. 1995).
8. The points were properly assessed, and the Department of Natural Resources is
required to suspend the hunting and fishing privileges of the Petitioner.
ORDER
Based upon the Findings of Fact and Conclusions of Law, it is hereby:
ORDERED that the hunting and fishing privileges of George A. McCaskill are suspended
for a period of one year. The suspension begins from the date of this Order.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
Edgar A. Brown Building
1205 Pendleton Street
Columbia, South Carolina 29201
May 3, 1996 |