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 Building Codes Council, 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 building code enforcement in this State pursuant to S.C. Code of
Laws § 6-8-20 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, William Copeland has
never been certified as a Building Codes Enforcement Officer with the State
Building Codes Council (hereinafter “Council”) as required, but acted as the
Building Official for the City of Bishopville.
4. That the Respondent admits that on
or about April 25, 2008, he received a Cease and Desist Order from the
Administrator for the Council but did not cease to act as the Building Official
for the City of Bishopville after receipt of the Order, even though he was not
properly certified.
5. That since the initiation of this
action, the Respondent is no longer acting as the Building Official for the
City of Bishopville.
6. That, accordingly, based upon the
recitations above, the Parties consent as follows:
a. Respondent agrees to Cease and
Desist from acting as a Building Codes Enforcement Officer in this State and/or
to hold himself out as one until such time, if ever, that he is properly
certified; and as such, the Petitioner is granted an injunction against
Respondent enjoining the Respondent from engaging in the practice of building
codes enforcement or holding himself out a building codes enforcement officer in
this state until such time as he is properly licensed with the Petitioner;
b. Respondent agrees to pay a sanction to
the Petitioner in the amount of One Thousand ($1,000.00) Dollars within ninety (90)
days of the execution of this Consent Order;
c. That this 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.
__________________________________________
Paige
J. Gossett
South Carolina Administrative Law Judge
September 25, 2008
Columbia, South Carolina
WE SO CONSENT:
____________________________________
Paul M. Fata, Esq.
Stuckey, Fata & Segars, LLC
115 East Church Street
P.O. Box 568
Bishopville, SC 29010
(803) 484-5409
Attorney for Respondent
____________________________________
William Copeland, Respondent
_____________________________________
Christa T. Bell, Esq.
P.O. Box 11329
Columbia, SC 29211
(803) 896-4470
Attorney for Petitioners South Carolina Department of
Labor, State Building Codes Council
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