ORDERS:
ORDER AND DECISION
This matter comes before me for a hearing on the suspension of the hunting and fishing privileges
of Henry Larry Smith. After timely notice to the parties, a hearing was conducted on May 15,
1995 at the Administrative Law Judge Division Hearing Room, Columbia, South Carolina. Based
upon the testimony and evidence presented, Respondent's hunting and fishing privileges are
hereby suspended.
FINDINGS OF FACT
I make the following Findings of Fact by a preponderance of the evidence:
1. On December 23, 1994, at approximately 10:00 a.m., Respondent was cited for two (2)
violations of S. C. Code Ann. § 50-11-410 (Supp. 1994) for possessing two antlerless deer. On
December 30, 1994, the Respondent was convicted of these violations and fined $150.00 for
each violation.
2. The South Carolina Department of Natural Resources ("Department") assessed fourteen (14)
points for each violation against the Respondent's hunting and fishing license. These two
violations resulted in the accumulation of twenty-eight (28) points within a calendar year.
3. As a result of this assessment, the Department issued Respondent an official Order of
Suspension, dated January 31, 1995.
CONCLUSIONS OF LAW
Based upon the foregoing Findings of Fact, I conclude, as a matter of law, the following: 1. The
South Carolina Administrative Law Judge Division ("Division") is authorized to hear this
contested case pursuant to S.C. Code Ann. § 1-23-600(B) (Supp. 1994) and S.C. Code Ann. §
50-9-1050 (Supp. 1994).
2. Pursuant to S.C. Code Ann. § 50-9-1050 (Supp. 1994), Respondent requested a hearing on the
Department's decision to suspend his hunting and fishing privileges.
3. S.C. Code Ann. § 50-9-1020 (Supp. 1994) establishes the point system for violations to be
used by the Department in suspending hunting and fishing privileges. S.C. Code Ann. §
50-9-1030 (Supp. 1994) provides that upon conviction of a violation set forth in
§ 50-9-1020, the Department shall assess points against the holder of the hunting and fishing
license.
4. Pursuant to S.C. Code Ann. § 50-9-1020(f) (Supp. 1994), Respondent was assessed fourteen
(14) points for each violation, for a total of twenty-eight (28) points for the two violations for
which he was convicted.
5. The Department shall suspend for one year the hunting and fishing privileges of each person
who has accumulated eighteen (18) or more points. S.C. Code Ann. § 50-9-1040 (Supp. 1994).
6. The inquiry of the Division is limited to "a determination of the validity of the violations and the
points assessed thereon." S.C. Code Ann. § 50-9-1040(c) (Supp. 1994).
7. Respondent accumulated more than eighteen points (18) within a one-year period.
8. The points were properly assessed, and the Department of Natural Resources is required to
suspend the hunting and fishing privileges of the Respondent.
ORDER
Based upon the Findings of Fact and Conclusions of Law, it is hereby:
ORDERED that the hunting and fishing privileges of Henry Larry Smith are suspended for a
period of (1) year. The suspension begins from the date of this Order.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
Edgar A. Brown Building
1205 Pendleton Street
Columbia, South Carolina 29201
May 18, 1995 |
