ORDERS:
FINAL ORDER AND DECISION
STATEMENT OF THE CASE
This matter comes before the Administrative Law Judge Division ("Division") pursuant to
S.C. Code Ann. § 1-23-600 (Supp. 1998) and S.C. Code Ann. § 50-9-1150 (Supp. 1998) upon a
request for review of a suspension of the hunting and fishing privileges of Tommy Harmon Blanton
("Respondent") by the South Carolina Department of Natural Resources ("Department"). A hearing
was held before the Division in Spartanburg, South Carolina on July 6, 1999.
FINDINGS OF FACT
After consideration and review of all the evidence and testimony and having judged the
credibility of the witnesses, by a preponderance of the evidence, I make the following findings of
fact:
1. Notice of the date, time, place and subject matter of the hearing was timely given to
the Petitioner and the Respondent.
2. A citation was issued to Tommy Harmon Blanton for violating a wildlife management
area regulation in violation of S.C. Code Ann. § 50-11-2200 (Supp. 1998) on August 22, 1998.
Respondent was convicted of this offense in Magistrate's Court on September 29, 1998.
3. Upon receiving notice of that conviction, the Department assessed eight (8) points
against the Respondent's license as required by S.C. Code Ann. § 50-9-1120(1)(k) (Supp. 1998).
4. A citation was issued to Respondent for possession of a doe deer and a button buck
in violation of S.C. Code Ann. § 50-11-390(F) (Supp. 1998) on November 23, 1998. The
Respondent was convicted of that offense on December 8, 1998.
5. Upon receiving notice of that conviction, the Department assessed fourteen (14)
points against the Respondent's license as required by S.C. Code Ann. § 50-9-1120(2)(f) (Supp.
1998).
6. These two offenses resulted in an accumulation of 22 points within one (1) calendar
year. For this reason, the Department issued an official Order of Suspension to the Respondent dated
January 15, 1999.
7. The 22 points were properly assessed and the Department properly suspended the
hunting and fishing privileges of the 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 is authorized to hear this contested
case pursuant to S.C. Code Ann. § 1-23-600 (Supp. 1998) and S.C. Code Ann. § 50-9-1150 (Supp.
1998).
2. S.C. Code Ann. § 50-9-1130 (Supp. 1998) provides that upon conviction of a
violation set forth in S.C. Code Ann. § 50-9-1120 (Supp. 1998), the Department 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 eighteen (18) or more points. S.C. Code Ann. § 50-9-1140 (Supp. 1998).
4. Respondent requests that the suspension of his hunting and fishing privileges be
removed or vacated because the officer did not tell him the consequences of paying the fine for the
violation. Respondent claims that he did not know he was pleading guilty to the crime when he paid
the fine and failed to defend himself in Magistrate's Court.
5. AIt is a fundamental principle of law that everyone is charged with or deemed to have
knowledge of the law. The legal axiom that ignorance of the law is no excuse has long been the law
of this nation and state.@ Gregory v. Gregory, 292 S.C. 587, 589-90, 358 S.E.2d 144, 146 (Ct. App.
1987); see also S.C. Wildlife and Marine Resources Dep't. v. Kunkle, 287 S.C. 177, 336 S.E.2d 468
(1985).
6. Furthermore, the inquiry of this tribunal is limited to "a determination of the validity
of the violations and the points assessed thereon." S.C. Code Ann. § 50-9-1150(c) (Supp. 1998).
7. The criminal convictions remove any duty to re-examine the facts that must have
existed in order to sustain the criminal violation. "It is firmly established that a criminal conviction
may not be the subject of a collateral attack in an administrative proceeding." South Carolina
Wildlife and Marine Resources Dep't v. Kunkle, 287 S.C. 177, 336 S.E.2d 468 (1985).
8. The points were properly assessed against Respondent, and the Department is
required to suspend Petitioner's hunting and fishing privileges.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby
ORDERED that the hunting and fishing privileges of Tommy Harmon Blanton are
suspended for a period of one year.
AND IT IS SO ORDERED.
________________________________ Marvin F. Kittrell
July 14 , 1999 Chief Administrative Law Judge
Columbia, South Carolinau |
