ORDERS:
CONSENT ORDER OF DISMISSAL
This contested case comes before the undersigned by way of an agency transmittal of a
request for a contested case hearing filed by L. A. Barrier & Sons, Inc. (“L.A. Barrier”)
appealing Administrative Order 02-35-SW issued by the South Carolina Department of Health
and Environmental Control’s (“Department”) on November 5, 2002. Prior to a hearing being
held, the parties have reached an agreement that will effectively conclude this matter without any
findings of fact or adjudication of the issues. Therefore, L.A. Barrier's Petition appealing
Administrative Order 02-35-SW may be dismissed.
The Petitioner and Respondent further announce that they have agreed that the civil
penalty assessed in the Administrative Order is reduced to two thousand six hundred and twenty
five dollars ($2625.00) and is due within 30 days of the execution date of this Order. Payment of
this reduced civil penalty is not an admission by the Petitioner of liability or an admission of any
of the findings of fact or conclusions of law contained in Administrative Order 02-35-SW.
Accordingly, by and with the consent of the parties, it is ordered and agreed that this
contested case is dismissed.
IT IS SO ORDERED.
Honorable Carolyn C. Matthews
Administrative Law Judge
March 20, 2003
Columbia, South Carolina |
