ORDERS:
ORDER GRANTING PETITION FOR INJUNCTIVE RELIEF
STATEMENT
OF THE CASE
This
matter is before the Administrative Law Court (“ALC”) upon a petition dated
September 23, 2008, for the South Carolina Department of Consumer Affairs
(“Department”) for an order from this Court enjoining Vision Mortgage Group,
Inc., and Ronald L. James, Individually, for failing to maintain an official
place of business open during regular business hours, staffed by one or more
licensees as required, a violation of S.C. Code §§ 40-52-65(B) and (E). This
Court issued an Order to Answer Petition for Injunctive Relief and Notice of
Hearing for Injunctive Relief date October 27, 2008 scheduling a hearing for
November 24, 2008 at 2:00 p.m. and order that Respondents file a response to the
Petition. Additionally, the Court’s Notice stated that a failure to appear at
the hearing may result in a finding that the party that fails to appear does
not object to the relief of which notice is given. Respondents failed to file a
response and did not appear at the scheduled hearing. After carefully weighing
the evidence, the court finds that the Respondents should be permanently
enjoined from further violations of the Act and other relief sought by
Petitioner as stated below.
FINDINGS
OF FACT
Having observed
the exhibits presented at the hearing and closely passed upon their
credibility, the court makes the following Findings of Fact by a preponderance
of the evidence. On October 10, 2007, May 13, 2008 and August 28, 2008,
Respondents failed to maintain an official place of business open during
regular business hours, staffed by one or more licensees as required, a
violation of S.C. Code §§ 40-52-65(B) and (E). Petitioner filed a petition
dated September 23, 2008, requesting that this court issue an Order:
- Requiring
Respondents, their agents or assigns to cease and desist from failing to
maintain an official place of business open during regular business hours,
staffed by one or more licensees in violation of the Act;
- Revoking the
license of Respondents, permanently pursuant to S.C. Code Ann. § 40-58-80
(C).
- Assessing
Respondents and administrative find of $500.00 for each violation of the
Act, pursuant to S.C. Code Ann. § 40-58-80 (C);
- Restraining
the Respondents from violating the Act;
- That this
Order take effect immediately;
- Granting such
other relief as may be necessary, just and appropriate.
A
hearing was held at 2:00 p.m. on November 24, 2008 and Respondents did not
appear.
CONCLUSIONS
OF LAW
Based on the forgoing
Findings of Fact, the court concludes the following as a matter of law.
- Jurisdiction
Jurisdiction over
this vase is vested with the South Carolina Administrative Law Court pursuant
to S.C. Code Ann. § 40-58-80 (Supp. 2007) and S.C. Code Ann. § 1-23-600 (E)
(Supp. 2007).
- Location and Staffing Required
Under the South
Carolina Licensing Requirements Act of Certain Brokers of Mortgages on
Residential Real Property, the licensee must maintain a sufficient physical
presence in this State, staffed by at least one licensee, 30 hours per week.
- Conclusions
After carefully
weighing the evidence and applying the law as discussed above, the court finds
that the Department’s petition should be granted without exception. The
Department has presented uncontested evidence that the Respondents have violated
the provisions of the Licensing Requirements Act of Certain Brokers of
Mortgages on Residential Real Property by failing to maintain an official place
of business open during regular business hours, staffed by on or more licensees
as required.
ORDER
Based upon the
Findings of Fact and Conclusions of Law stated above, it is ORDERED that:
The Respondents,
their agents and assigns, SHALL CEASE AND DESIST from failing to
maintain an official place of business open during regular business hours,
staffed by one or more licensees as required, a violation of the Act. It is
further ORDERED that Respondents, their agents and assigns SHALL BE
ASSESSED by the Department an administrative fine of fifteen hundred
(1,500.00) dollars. The Respondents license IS PERMANENTLY REVOKED.
AND
IT IS SO ORDERED.
________________________________
John D. McLeod
Administrative
Law Judge
December 16, 2008
Columbia, South Carolina
|
