ORDERS:
ORDER AND DECISION
This matter comes before me for a hearing on the suspension of hunting and fishing privileges of
John Arthur Timmons. After notice to the parties, a hearing was conducted on February 21,
1995.
FINDINGS OF FACT
Having carefully considered all testimony, evidence and arguments presented at the hearing in this
matter, I find:
1. A citation was issued to John Arthur Timmons for killing a doe deer in violation of S.C. Code
Ann. §50-11-410 on September 17, 1994. He was convicted of the offense on September 29,
1994 and fourteen (14) points were assessed against his hunting and fishing license.
2. Timmons had a previous conviction for the same violation on November 23, 1992. Fourteen
points were assessed against his license at that time. In 1993 those points were reduced by
one-half, leaving a balance of seven (7) points.
3. Timmons did not appear at the trial on September 29, 1994 to contest the violation. The
shooting occurred on a dog drive organized by the Pocotaligo Hunt Club of which Timmons is a
member and was accidental. Timmons voluntarily surrendered himself when he realized the
mistake. Even the conservation officer thought that the deer was a buck based upon its size and
color. This evidence was not presented at the trial.
4. Timmons obtained a legal deer tag to allow him to kill antlerless deer when the season opened
in October 1994.
CONCLUSIONS OF LAW
1. 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).
2. Pursuant to Section 50-9-1050, Timmons requested a hearing on the Department's decision to
suspend his hunting and fishing privileges.
3. S.C. Code Ann. § 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.
4. The Department shall suspend for one (1) year, the hunting and fishing privilege of each person
who has eighteen (18) or more points. S.C. Code Ann. § 50-9-1040 (Supp. 1993).
5. The inquiry at the administrative proceeding is limited to whether the Department has identified
the proper person; whether there was a conviction; whether the points were properly assessed;
and whether the appropriate deductions in points have been made. The hearing may not retry the
merits of the violation. See S.C. Wildlife & Marine Resources v. Kunkle, 287 S.C. 177, 336
S.E.2d 468 (1985). Timmons claims are defenses that should have been raised at the trial in
September 1994, and are not proper before this Division.
6. At the time of the conviction in September 1994, Timmons had seven (7) points assessed
against his license. The conviction added fourteen (14) points making a total of twenty-one (21)
points assessed. The Department properly suspended the privileges of Timmons because he had
eighteen or more points.
ORDER
Based upon the foregoing facts and conclusions of law, it is therefore,
ORDERED, that the hunting and fishing privileges of John Arthur Timmons are SUSPENDED for a period of one year.
AND IT IS SO ORDERED.
____________________________
ALISON RENEE LEE
Administrative Law Judge Division
February ____, 1995
Columbia, South Carolina. |
