ORDERS:
ORDER AND DECISION
This matter comes before me for a hearing on the suspension of the hunting and fishing privileges
of Roger Dale Todd. After timely notice to the parties, a hearing was conducted on June 26,
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 November 19, 1994, Respondent was cited for violating S. C. Code Ann. § 50-9-150
(Supp. 1994) for failing to wear either a hat, coat, or vest of solid visible international orange
while hunting on Wildlife Management Area land, as required by 27 S.C. Code Ann. Regs.
123-40, 7.1 (Supp. 1994). On this same date, Respondent was cited for violating S.C. Code Ann.
§ 50-1-90 (Supp. 1994) for hunting, fishing, or trapping without consent on the land of another
person. On January 11, 1995 and January 23, 1995, respectively, the Respondent was convicted
of these violations and fined $47.00 and $279.25 for the respective violations.
2. The South Carolina Department of Natural Resources ("Department") assessed eight (8) points
for the violation of S.C. Code Ann. § 50-9-150 (Supp. 1994) and ten (10) points for the violation
of S.C. Code Ann. § 50-1-90 (Supp. 1994) against the Respondent's hunting and fishing license.
These two violations resulted in the accumulation of eighteen (18) points within a calendar year.
3. As a result of this assessment, the Department issued Respondent an official Order of
Suspension, dated April 25, 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.
4. 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.
5. Pursuant to S.C. Code Ann. § 50-9-1020(j) and (k) (Supp. 1994), Respondent was assessed
ten (10) and eight (8) points, for the respective violations, for a total of eighteen (18) points for
the two violations for which he was convicted.
6. The Department shall suspend for one (1) 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).
7. 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).
8. Respondent accumulated eighteen points (18) within a one (1) year period.
9. 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 Roger Dale Todd are suspended for a
period of one (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
June 28, 1995 |
