ORDERS:
CONSENT ORDER
This matter came before the Court from an appeal of the Respondent Mary L. Nickles of a
citation issued by the Petitioner South Carolina Department of Revenue ("Department") against the
Respondent for a violation of the Video Games Machines Act ("Act"), S.C. Code Ann. Sec. 12-21-2802 (Supp. 1997) on January 31, 1997. The citation issued to Respondent on that date was for a
violation of that provision of the Act requiring the posting of penalty signs on all Class III video
game machines, S.C. Code Ann. Sec. 12-21-2802. Specifically, the Department cited Respondent
for three Class III machines which were found to not have the requisite posted penalty signs. The
Regulatory Violation and Assessment Report sought the imposition of a $300.00 monetary penalty
for each violation for total fines against the Respondent for these violations of $900.00 . A final
Agency Determination was issued by the Department sustaining the imposition of the penalty
assessed in the violation report.
A hearing was scheduled in this matter before the Court on March 18, 1998. Prior to he
hearing, an agreement was reached between the parties resolving this matter on the following terms
and conditions:
1. Respondent Mary L. Nickles agrees to pay a fine of $300.00 and to make payment
of the fine to the Department within 15 days of the date of this Order.
2. The Department agrees, pursuant to S.C. Code Ann. Section 12-4-320(3)(Supp.
1996), to waive the remaining monetary penalty sought for this violation from the Respondent on
the Basis of this being a first offense by the Respondent of the Video Game Machines Act.
3. The parties further agree and understand that this is a compromise and settlement of
a contested penalty and is entered by the Department under the authority provided it in S. C. Code
Ann. 12-4-320(3) to compromise such matters.
Having reviewed this agreement and settlement in compromise, and having questioned the
parties or their respective counsel regarding the terms thereof, I hereby ORDER its adoption and
dismiss the Petition in this matter with prejudice.
__________________________ ___ ________________________________
Jeffrey M. Nelson, Esquire James H. Harrison, Esquire
Counsel for Regulatory Litigation Attorney for the Respondent
PO Box 125 1819 Hampton Street
Columbia, SC 29214 Columbia, SC 29201
(803) 737-4426 (803) 256-0049
IT IS SO ORDERED.
________________________________
Ralph K. Anderson
Administrative Law Judge
Columbia, South Carolina
March 16, 1998
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