ORDERS:
ORDER
I. Statement of the Case
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. 1994) upon a request for review of a
suspension of the coastal fisheries privileges of Ricky Rnyne Morris (Morris) by the South
Carolina Department of Natural Resources ("DNR"). A hearing was held on August 30, 1995.
Morris did not appear at the hearing. Based upon the evidence presented, Morris' privileges are
suspended.
II. Issues
Should DNR suspend the coastal fishing privileges of Morris?
III. Analysis
1. Positions of Parties:
DNR asserts Morris violated S.C. Code Ann. §50-5-90 (Supp. 1994) with such violation
requiring an assessment of eighteen (18) points. Morris made no appearance at the hearing but
his letter seeking a hearing asserted his license should not be suspended.
2. Findings of Fact:
1. On May 25, 1995, at approximately 2:20 p.m., Morris was charged with a violation of S.C.
Code Ann. §50-5-90 (Supp. 1994), for tampering or interfering with a fishing device.
2. On June 13, 1995, Morris was found guilty of the charge and was ordered to pay a monetary
fine of $376.
3. DNR assessed 18 points against the coastal fisheries license of Morris under the point
suspension system for the offense.
4. Notice of the time, date, place, and purpose of the hearing was given to Morris and to DNR by
first class mail.
5. Morris failed to appear at the August 30, 1995, hearing.
3. Discussion
S.C. Code Ann. §50-17-1120 (Supp. 1994) provides that upon conviction of a violation of the
laws and regulations applying to coastal fisheries, the violator must be assessed the number of
points assigned to the violation under S.C. Code Ann. §50-17-1120. In the instant case, on June
13, 1995, Morris was found guilty of interfering with fishing equipment. By operation of law,
S.C. Code Ann. §50-17-1120(A)(10) assigns eighteen points to that violation. Under S.C. Code
Ann. §50-17-1140 (Supp 1994), the accumulation of eighteen points requires a one year
suspension of the party's coastal fisheries privileges.
4. Conclusions of Law
Based on the foregoing Findings of Fact and Discussion, I conclude the following as a matter of
law:
1. The South Carolina Administrative Law Judge Division is empowered to hear this case. S.C.
Code Ann. §§50-17-1150(B) and 50-17-1160 (Supp. 1994) and Chapter 23, Title I of the 1976
Code, as amended.
2. Morris is entitled to a hearing for review of the administrative suspension of his coastal fisheries
privileges. S.C. Code Ann. §50-17-1150(B) (Supp. 1994).
3. Interfering with the fishing equipment of another party is a violation of law applicable to coastal
fisheries. S.C. Code Ann. §50-5-90 (Supp. 1994).
3. Eighteen (18) points are assessed for the violation of interfering with fishing equipment of
another party. S.C. Code Ann. §50-17-1120(A)(10) (Supp. 1994).
4 Upon the accumulation of eighteen (18) or more points, DNR shall suspend that person's
coastal fisheries privileges. S.C. Code Ann. §§50-17-1130 and 50-17-1040 (Supp. 1994).
5. Morris accumulated 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 Morris.
IV. ORDER
Based upon the foregoing Discussion, Findings of Fact and Conclusions of Law, the following
ORDER is issued:
DNR must suspend the coastal fisheries privileges of Ricky Rnyne Morris for one year, such
suspension to commence on the eleventh day following the date of this Order.
IT IS SO ORDERED.
____________________________
RAY N. STEVENS
Administrative Law Judge
This 31st day of August, 1995 |
