ORDERS:
ORDER AND DECISION
This matter comes before the Administrative Law Judge Division for a hearing on the suspension
of hunting and fishing privileges of Timothy Scott Stone. After notice to the parties, a hearing
was conducted on February 21, 1995. Timothy Stone failed to appear. Based upon the testimony
and evidence presented, I make the following:
FINDINGS OF FACT
Timothy Scott Stone is a resident of North Carolina. On October 1, 1994, he was cited for
violating S.C. Code Ann. §§ 50-9-135, 50-9-190, 50-11-350. He was convicted on October 10,
1994, fined and a total of 20 points were assessed. On November 7, 1991, Stone was convicted
of two violations of Section 50-11-350 receiving a total of 16 points. In 1992 and 1993, the
points were reduced by one-half leaving a balance of four (4) points in 1994.
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, Stone 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. § 50-9-1040
(Supp. 1993).
Stone received twenty points during a calendar year beginning November 8, 1993 and ending
November 7, 1994. There were already four points on his record. No points were deducted for
that year. Once Stone received eighteen points, the Department was required to suspend his
privileges. The points were properly assessed and the privileges properly suspended.
ORDER
Base upon the Findings of Fact and Conclusions of Law, the hunting and fishing privileges of
Timothy Scott Stone are SUSPENDED. The suspension begins from the date of this Order.
AND IT IS SO ORDERED.
______________________________
ALISON RENEE LEE
Administrative Law Judge
February _____, 1995
Columbia, South Carolina. |