ORDERS:
CONSENT ORDER
Pursuant to the Petition for
Injunctive Relief and for monetary sanctions filed by the Petitioner, South
Carolina Department of Labor, Licensing and Regulation, State Board of Manufactured
Housing of South Carolina, the parties, by and through Counsel, agree as
follows:
1. That the
Petitioner is an agency of the State of South Carolina vested with the
authority to regulate the practice of Manufactured Housing in this State
pursuant to S.C. Code of Laws § 40-29-10 et. seq.
2. That Respondent
is a citizen and resident of South Carolina and this Court has subject matter
jurisdiction over this Cause of Action.
3. That Respondent, Edward
Prince, is not and has never been, a licensed Manufactured Housing Dealer in South Carolina.
4. That Respondent admits
that from time to time during the period from April of 2006 to the present, he
has engaged in the unlicensed practice of Manufactured Housing in this State,
and concedes that during the period at issue, he wrongfully held himself out as
a Manufactured Housing Dealer in this State, when in fact he was not licensed.
5. That since receipt of the
Petition referenced herein, Respondent has ceased to hold himself out as a
Manufactured Housing Dealer in this State, and has not engaged in activities in
this State which would constitute the unlicensed practice of Manufactured
Housing.
That, accordingly, based upon the
recitations above, the parties consent as follows:
a. Respondent agrees
to Cease and Desist in the unlicensed practice of Manufactured Housing in this
State and/or hold himself out as Manufactured Housing Dealer, Salesman,
Repairer, Installer or Manufacturer in this State, until he is able to obtain licensure;
and as such, the Petitioner is granted an injunction against Respondent
enjoining the Respondent from engaging in the practice of Manufactured Housing
and holding himself out as a Manufactured Housing Dealer in this state until
such time, if ever, as he is properly licensed with the Petitioner;
b. Respondent agrees
to pay a sanction to the Petitioner in the amount of Five Hundred ($500.00)
Dollars within thirty (30) days of the execution of this Consent Order;
c. That this Consent
Order is a public document subject to disclosure and dissemination, including
publication of the same, on the Petitioner’s website, pursuant to the S.C.
Freedom of Information Act; and
d. Respondent’s
failure to fully comply with this Consent Order may result in contempt proceedings
before this Court which may result in additional sanctions against the
Respondent;
AND IT IS SO ORDERED.
__________________________________________
Carolyn
C. Matthews
South Carolina Administrative Law Judge
April ____, 2008
Columbia, South Carolina
WE
CONSENT:
_________________________________
_____________________________
ATTORNEY
FOR PETITIONER Date
Cantrell
M. Frayer, Assistant General Counsel
S.
C. Department of Labor, Licensing & Regulation
P.
O. Box 11329
Columbia, South Carolina 29211-1329
(803)
896-4470
__________________________________
_____________________________
ATTORNEY
FOR RESPONDENT Date
J. Michael
Turner, Sr., Esq.
Turner
& Burney, PC
P.
O. Box 688
Laurens, South Carolina 29360
(864)
984-6565
__________________________________
_____________________________
RESPONDENT Date
Edward
Prince
514
Campground Road
Laurens, South Carolina 29360
(864)
682-9369
|
