ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before
me upon Motion by Respondent and with Petitioner’s consent for entry of a
Consent Order of Dismissal. This is a contested case wherein Respondent
challenges an Administrative Enforcement Order issued by Petitioner on May 29,
2007. Petitioner sought removal of a 26-foot long boat that was moored at a
private recreational dock, located at 4637 Ashley View Lane, and the payment of
a $500.00 fine. The Respondent requested a contested case hearing before this
Court.
The parties have
resolved this dispute. The Respondent has agreed to move the 26’ boat which is
moored at the dock at 4637 Ashley View Lane to another location. The
Department agrees to waive the assessed penalty. Both parties agree that
removal of the 26-foot long boat renders the underlying Administrative
Enforcement Order moot, and the parties consent to dismissal of this contested
case.
Therefore, upon motion
by Respondent and with Petitioner’s consent, as is evidenced by their
signatures below, and based on the terms of the settlement as set forth above,
this contested case is, hereby, DISMISSED with prejudice.
AND IT IS SO ORDERED.
____________________________________
CAROLYN C. MATTHEWS
Administrative
Law Judge
Columbia, South Carolina
________________, 2008
I SO MOVE:
McNair Law Firm, P.A.
By:______________________
Mary D. Shahid
Attorney for the Respondent
Tyler Teal as Attorney-In-Fact
for Darryl J. Stetson
I CONSENT:
South Carolina Department of Health & Environmental
Control
By:______________________
Elizabeth A. Dieck
Attorney for Petitioner
South Carolina Department of Health
& Environmental Control
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