ORDERS:
ORDER AND DECISION
This matter comes before the Administrative Law Judge Division for a hearing on the suspension
of the hunting and fishing privileges of Mark C. Porter. After notice to the parties, a hearing was
conducted on January 11, 1995. Mark C. Porter failed to appear. Based upon the testimony and
evidence presented, I make the following:
FINDING OF FACT
Mark C. Porter was convicted of violating fishing and game statutes on September 27, 1993 and
September 9, 1994. These violations were assessed points under the point suspension system.
The points totalled eighteen (18). The points were accumulated during a one-year (1) period.
CONCLUSIONS OF LAW
The Administrative Law Judge Division is authorized to hear contested cases involving
departments of the executive branch of government in which a single hearing officer is authorized
or permitted by law to hear and decide. S.C. Code Ann. § 1-23-600(B) (Supp. 1993). Pursuant
to Section 50-9-1050, Porter requested a hearing on the Department's decision to suspend his
hunting and fishing privileges.
Section 50-9-1030 (Supp. 1993) provides in part that upon conviction of a violation, the number
of points assigned to the violation pursuant to Section 50-9-1020 must be assessed. The
Department shall reduce the number of points for each calendar year that passes in which no
points are received. The Department shall suspend for one (1) year, the hunting and fishing
privileges of each person who has eighteen (18) or more points. S.C. Code Ann. Section
50-9-1040 (Supp. 1993).
Porter received eighteen (18) points during a calendar year beginning September 27, 1993 and
ending September 26, 1994. No points were deducted because one (1) calendar year had not
passed. Once Porter received eighteen (18) points, the Department was required to suspend his
privileges. The points were properly assessed and the privileges properly suspended.
ORDER
Based upon the Findings of Fact and Conclusion of Law, the hunting and fishing privileges of
Mark C. Porter are SUSPENDED.
AND IT IS SO ORDERED.
_____________________________
ALISON RENEE LEE
Administrative Law Judge
January ______, 1995
Columbia, South Carolina. |
