South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
SCDNR vs. Timothy Scott Stone

AGENCY:
South Carolina Department of Natural Resources

PARTIES:
Petitioners:
South Carolina Department of Natural Resources

Respondents:
Timothy Scott Stone
 
DOCKET NUMBER:
94-ALJ-13-0417-CC

APPEARANCES:
Lt. Sumter Moore, for Petitioner
 

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.


Brown Bldg.

 

 

 

 

 

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