ORDERS:
ORDER AND DECISION
This matter comes before me pursuant to S.C. Code Ann. § 50-17-1110 (Supp. 1994) and S.C.
Code Ann. §§ 1-23-310, et seq. (Rev. 1986 & Supp. 1993) upon a request for review of a
suspension of coastal fisheries privileges of Clyde James Manigault by the South Carolina
Department of Natural Resources ("DNR"). A hearing was held on February 15, 1995.
Petitioner did not appear at the hearing. Based upon the evidence presented, Petitioner's
privileges are suspended.
FINDINGS OF FACT
By a preponderance of the evidence, I find:
(1) On October 18, 1994, at approximately 2:00 p.m., Petitioner was cited for two violations of
S.C. Code Ann. § 50-17-520 (Supp. 1994), for taking over the limit spottail bass and taking
spottail bass with an illegal device; a violation of S.C. Code Section 50-17-210, using a gill net
without a license; two violations of S.C. Code Section 50-17-440, using a gill net in a restricted
area and using a gill net exceeding 100' in length upon inshore waters; a violation of S.C. Code
Section 50-17-510, illegal possession of undersize spottail bass; a violation of S.C. Code Section
50-17-350, harvesting shellfish without permission or permit; and a violation of S.C. Code
Section 50-20-30, taking oysters and fish from a boat without a recreational fish stamp in
possession.
(2) On October 26, 1994, Petitioner was found guilty of the charges and was ordered to serve jail
time and pay a monetary fine.
(3) DNR assessed points against the coastal fisheries license of Petitioner under the point
suspension system for each offense.
(4) The accumulated points for the three offenses, all accumulated within a one-year period, total
forty-eight (48) points.
(5) Notice of the time, date, place, and purpose of the hearing was given to Petitioner by certified
mail and to DNR by first class mail.
(6) By letter received by this Court on January 11, 1995, Petitioner informed this Court that he
would be unable to attend the February 15, 1995, hearing in Columbia and requested a change of
venue to Charleston or to be able to participate in the proceeding by mail.
(7) By my Order dated February 7, 1995, Petitioner was ordered to appear at the February 15,
1995, hearing in Columbia or submit to the Court a written statement regarding the facts of the
case.
(8) Petitioner, Clyde James Manigault, failed to appear at the February 15, 1995 hearing or to
submit any kind of correspondence to the Court whatsoever.
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 is empowered to hear this case
pursuant to S.C.Code Ann. §§ 50-17-1150 and 1160 (Supp. 1994) and Chapter 23 of Title I of
the 1976 Code, as amended.
(2) Petitioner requested a hearing for review of the administrative suspension of his coastal
fisheries privileges under the point system pursuant to S.C. Code Ann. § 50-17-1110,
et seq. (Supp. 1994).
(3) Petitioner was assessed forty-eight (48) total points for the eight violations, as specified
pursuant to S.C. Code Ann. § 50-17-1120 (Supp. 1994).
(4) Upon the accumulation of eighteen (18) or more points, DNR shall suspend that person's
coastal fisheries privileges pursuant to S.C. Code Ann. §§ 50-17-1130 and 1040 (Supp. 1994).
(5) Petitioner accumulated more than eighteen (18) points within a one-year period.
(6) The points were properly assessed, and DNR is required to suspend the coastal fisheries
privileges of Petitioner.
ORDER
IT IS THEREFORE ORDERED that DNR suspend the coastal fisheries privileges of Clyde
James Manigault for one year, such suspension to commence on the eleventh day following the
date of this Order.
_______________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
February 23, 1995
Columbia, South Carolina |
