The above-captioned case is before this Court pursuant to S.C. Code Ann. § 50-5-2520 (Supp. 2005), S.C. Code Ann. § 1-23-600(B) (Supp. 2005), and S.C. Code Ann. § 1-23-310 et seq. (2005) for a contested case hearing. The South Carolina Department of Natural Resources (Petitioner, SCDNR or Department) issued an Official Order of Suspension to suspend for one year the commercial saltwater fishing privileges and associated licenses, permits and tags of Richard F. Chesney (Respondent or Mr. Chesney). This Official Order of Suspension issued by the Department was dated March 22, 2006 and served in person on Mr. Chesney on May 29, 2006 after problems arose while attempting to serve Mr. Chesney by mail due to the Department not having Mr. Chesney’s correct address on file.^[1] Mr. Chesney filed a Notice of Request for Contested Case Hearing on June 14, 2006.^[2] This matter was heard before the undersigned Judge on Tuesday, December 12, 2006 at the offices of the Administrative Law Court in Columbia, South Carolina.

FINDINGS OF FACT

1.                  SCDNR Officer Clifford DeRienzo issued three Arrest Reports and Trial Summons, numbered 630312, 630313, and 630314, to Respondent on November 06, 2005. Each Arrest Report and Trial Summons was issued for “Undersize Gag Grouper, Saltwater Gamefish Size Limit.” Each Arrest Report and Trial Summons indicated that Mr. Chesney was summoned to appear before Magistrate Whitley at 107 North Hwy 57, Little River, SC 29566 on November 30, 2005.

2.                  Mr. Chesney appeared before Magistrate Whitley on November 30, 2005. While no representative for the Department was present, Mr. Chesney elected to plead guilty to the three violations. The fines were reduced to $75.00 for each violation. These reductions were later certified by the Clerk of Court.

3.                  Each of these convictions carried with it a 6 point value pursuant to S.C. Code Ann. § 50-5-2500(A)(3) (Supp. 2005). Lieutenant Mike Sabaka reviewed each of the tickets to confirm that the correct point value was assessed for each conviction. Lieutenant Sabaka confirmed that 6 points was the correct value for each conviction and confirmed that Mr. Chesney was properly assessed 18 points total.

4.                  Pursuant to S.C. Code Ann. § 50-5-2510 (Supp. 2005), an Official Order of Suspension was issued on March 22, 2006 and mailed certified mail on March 23, 2006. The Official Order of Suspension was returned undeliverable. After attempts to obtain the current address for Mr. Chesney were unsuccessful, Lt. Sabaka executed a Memorandum dated May 5, 2006 to Captain Powell asking for assistance in locating Mr. Chesney and asking that Mr. Chesney be served in person. Mr. Chesney was served in person, as evidenced by his signature, on May 29, 2006.

5.                  Mr. Chesney had no idea that when he pled guilty to the three violations that his pleas would result in a suspension of his commercial saltwater fishing privileges and associated licenses, permits and tags. Mr. Chesney is not a habitual offender and Mr. Chesney just wishes to have his license back so that he may resume earning money to support his family. While I am sympathetic with Mr. Chesney, I am constrained by the guilty pleas made by Mr. Chesney and the convictions resulting therefrom.

CONCLUSIONS OF LAW

Based upon the above Findings of Fact, I conclude the following as a matter of law:

6.                  The Administrative Law Court has subject matter jurisdiction in this action pursuant to S.C. Code Ann. §§ 1-23-500 et seq. (2005).

7.                  Violations of a section of Title 50 pertaining to saltwater privileges not mentioned specifically in this section shall be assigned a point value of 6. S.C. Code Ann. § 50-5-2500(A)(3) (Supp. 2005). Mr. Chesney was assigned 6 points for each of his convictions for “Undersize Gag Grouper, Saltwater Gamefish Size Limit.” There is no specific section of Title 50 dealing specifically with a violation of this saltwater privilege. Therefore, Mr. Chesney was assigned a point value of 6 for each violation pursuant to S.C. Code Ann. § 50-5-2500. Based on my review of the evidence presented in this case and on my review of the applicable law, I conclude that Mr. Chesney was properly assessed 6 points for each conviction of undersize Gag Grouper for a total of 18 points pursuant to Section 50-5-2500.

8.                  Pursuant to S.C. Code Ann. § 50-5-2510, “The department must suspend for one year the related saltwater privileges and associated licenses, stamps, and permits issued to a person who has accumulated eighteen or more points under any point category.” S.C. Code Ann. § 50-5-2510 (Supp. 2005) (emphasis added). I find the Department properly suspended Mr. Chesney’s commercial saltwater fishing privileges and associated licenses, permits and tags based on his accumulation of eighteen points. I further find that based on the “must suspend” language in Section 50-5-2510, this suspension is mandatory, not discretionary. Therefore, the Department must suspend when eighteen or more points has been accumulated, and this Court must uphold said suspension.

ORDER

Based on the foregoing,

IT IS THEREFORE ORDERED that the suspension of Respondent Richard F. Chesney’s commercial saltwater fishing privileges and associated licenses, permits and tags is AFFIRMED.

IT IS FURTHER ORDERED that this suspension SHALL CONTINUE until the one-year suspension term expires.

AND IT IS SO ORDERED.

__________________________________

JOHN D. MCLEOD

Administrative Law Judge

December 19, 2006

Columbia, South Carolina