ORDERS:
ORDER AND DECISION
STATEMENT OF THE CASE
This matter comes before the Administrative Law Judge Division ("ALJD") pursuant to S.C. Code Ann. § 1-23-600 (Supp.
1998) and S.C. Code Ann. § 50-9-1120 (Supp. 1998) upon a request for review of a suspension of the hunting and fishing
privileges of Respondent, Therl A. Taylor, by the South Carolina Department of Natural Resources ("DNR"). A hearing
was held before the ALJD in Columbia, South Carolina on November 3, 1999.
FINDINGS OF FACT
After considering and reviewing the evidence, including testimony, and judging the credibility of the witnesses, I find by a
preponderance of the evidence:
1. Notice of the date, time, place, and subject matter of the hearing was timely given to the DNR and the Respondent.
2. On June 26, 1999, citations were issued to the Respondent for violating S.C. Code Ann. § 50-13-235 (Supp. 1998)
(possession of undersized striper); and S.C. Code Ann. § 50-11-520 (Supp. 1998) (possession of wild turkey out of season).
The Respondent was convicted of these offenses in Magistrate's Court on July 9, 1999.
3. Upon receiving notice of the convictions, DNR assessed eight (8) points for possession of undersized striper and assessed
eighteen (18) points for possession of a wild turkey out of season, totaling twenty-six (26) points against the Respondent's
license as required by S.C. Code Ann. § 50-9-1120 (Supp. 1998).
4. The twenty-six (26) points were assessed against the Respondent under the mandated point system.
5. Because the violations resulted in more than eighteen points within one (1) calendar year against the Respondent's license,
DNR issued an official Order of Suspension on August 19, 1999.
CONCLUSIONS OF LAW
Based on these findings, I conclude:
1. The ALJD is authorized to hear this case pursuant to S.C. Code Ann. § 1-23-600 (Supp. 1998) and S.C. Code Ann. § 50-9-1150 (Supp. 1998).
2. Upon conviction of a violation set forth in S.C. Code Ann.§ 50-9-1120 (Supp. 1998), DNR shall assess points against the
holder's hunting and fishing privileges. S.C. Code Ann. § 50-8-1130 (Supp. 1998).
3. DNR shall suspend for one year the hunting and fishing privileges of each person who has eighteen or more points. S.C.
Code Ann. § 50-9-1140 (Supp. 1998).
4. "It 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).
5. The inquiry before me is limited to "a determination of the validity of the violations and the points assessed. (S.C. Code
Ann. § 50-9-1150(C) (Supp. 1998). The criminal convictions remove any authority to re-examine the facts supporting the
violations. See South
Carolina Wildlife & Marine Resources Dep't v. Kunkle, 287 S.C. 177, 336 S.E.2d 468 (1985) ("It is firmly established that a
criminal conviction may not be the subject of a collateral attack in an administrative proceeding.").
6. The sole issue, then, is whether the points assessed corresponded to the offenses for which the Respondent was found
guilty. I find the points were properly assessed. Despite the Respondent's request for leniency, the assessment and
corresponding suspension of hunting and fishing privileges are mandatory. Accordingly, DNR is required to suspend the
Respondent's hunting and fishing privileges for one (1) year.
ORDER
Based upon the foregoing, it is hereby
ORDERED that the South Carolina Department of Natural Resources shall suspend the hunting and fishing privileges of
Therl A. Taylor for a period of one (1) year, pursuant to the procedures set forth in S.C. Code Ann. § 50-9-1140 (Supp.
1999).
AND IT IS SO ORDERED.
________________________________ C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
November 5, 1999
Columbia, South Carolina |
