ORDERS:
ORDER AND DECISION
STATEMENT OF THE CASE
This matter comes before me for a hearing on the suspension of hunting and fishing privileges of
Larry W. Phillips. After notice to the parties a hearing was conducted on April 6, 1995.
FINDINGS OF FACT
Having observed the witnesses and exhibits presented at the hearing and closely passed upon their
credibility, taking into consideration the burden of persuasion by the Parties, I make the following
Findings of Fact by a preponderance of evidence:
1. A citation was issued to Larry W. Phillips for hunting without an orange vest in a game
management zone on November 12, 1994 in violation of S. C. Code Ann. §50-9-150 (1976) and
S. C. Code Reg. 123-40 (7.1)(1976). The Respondent was thereafter convicted of that offense
on December 7, 1994.
2. A citation was issued to Larry W. Phillips for trespassing to hunt in violation of S. C. Code
Ann. §50-1-90 (1976) on November 12, 1994. The Respondent was thereafter convicted of that
offense on December 7, 1994.
3. The Department of Natural Resources (DNR) assessed eight (8) points against the
Respondent's license for hunting without an orange vest and ten (10) points against the
Respondent's license for trespassing to hunt. See S. C. Code Ann. §50-9-1020 (1) (j) & (k)
(Supp. 1994).
4. These two offenses resulted in an accumulation of 18 points within one (1) calendar year. No
points were deducted because all of the points were accumulated within one calendar year.
5. Based upon the points being assessed DNR issued to the Respondent an official Order of
Suspension dated January 31, 1995.
6. The 18 points were properly assessed and DNR properly suspended the hunting and fishing
privileges of the Respondent.
7. Notice of the time, date, place and subject matter of the hearing was given to the Petitioner and
Respondent.
CONCLUSIONS OF LAW
Based upon the Findings of Fact, I conclude as a matter of law the following:
1. The South Carolina Administrative Law Judge Division is authorized to hear this contested
case pursuant to S. C. Code Ann. §1-23-600(b) (Supp. 1993) and S. C. Code Ann. §50-9-1050
(Supp. 1994).
2. Sections 50-9-1020 and 50-9-1030 S. C. Code Ann. (Supp. 1993) provides that upon
conviction of a violation set forth in Section 1020 DNR shall assess points against the holder's
hunting and fishing privileges. The Department shall reduce the number of points from each
calendar year that passes in which no points are received.
3. The Department shall suspend for one (1) year the hunting and fishing privileges of each
person who has 18 or more points. S. C. Code Ann. §50-9-1040 (Supp. 1993).
4. The inquiry at the Administrative proceedings is limited to whether DNR has properly
identified the person; whether there was a conviction; whether the points were properly assessed;
and whether the appropriate deduction in points had been made. The hearing may not re-try the
merits of the violation. See S. C. Wildlife and Marine Resources v. Kunkle, 287 S. C. 177, 336
S.E. 2d 468 (1985).
ORDER
Based upon the foregoing Findings of Facts and Conclusions of Law, it is hereby:
ORDERED that the hunting and fishing privileges of Larry W. Phillips are suspended for a period
of one (1) year.
AND IT IS SO ORDERED.
___________________________
Ralph King Anderson, III
Administrative Law Judge
April 20, 1995
Columbia, South Carolina |
