ORDERS:
FINAL ORDER AND DECISION
STATEMENT OF THE CASE
This matter is before the Administrative Law Judge Division (ALJD) pursuant to S.C.
Code Ann. § 40-18-130(C) and S.C. Code Ann. § 1-23-310 et. seq. The Petitioner appeals the
South Carolina Law Enforcement Division’s (SLED) denial of a private investigation business
license. After timely notice to the parties, a hearing was held at the offices of the ALJD in
Columbia, South Carolina, on January 9, 2003.
FINDINGS OF FACT
Having carefully considered all testimony, exhibits and arguments presented at the hearing
in this case and taking into account the credibility and accuracy of the evidence, I find the
following facts by a preponderance of the evidence:
1. Notice of the date, time, place and subject matter of the hearing was properly given to
all the parties.
2. Petitioner applied for a private investigation business license on June 4, 2002.
Petitioner indicated on his application that he was self-employed as of December of 2000. He
listed his previous employers as “Fast Freddie Bail,” “A-Plus Bail Bonds,” and the West Columbia
Police Department.
3. J. C. Perry of SLED conducted a background check of Petitioner. He interviewed
Chief Tyndal of the West Columbia Police Department. Chief Tyndal indicated that the Petitioner
has a poor character for truthfulness. The West Columbia Police Department personnel file of
Petitioner also indicates that Petitioner has a poor character for truthfulness. Perry interviewed Al
Holcomb, owner of A-Plus Bail Bonds. Mr. Holcomb indicated that Petitioner has a poor
character for truthfulness. Perry interviewed Fred McCary, owner of Fast Freddie Bail. Mr.
McCary indicated that Petitioner has a poor character for truthfulness. Perry also found that
Petitioner had worked for AAA Reliable Detective Agency beginning in May of 2000 but failed to
list that employment on his application with SLED. Perry interviewed Boyd Jones, the owner of
AAA Reliable. Boyd Jones indicated that Petitioner has a poor character for truthfulness.
Based on Perry’s testimony and Petitioner’s personnel file with the West Columbia Police
Department, which was introduced as an exhibit, this Court finds that Petitioner has a poor
character for truthfulness.
CONCLUSIONS OF LAW
Based upon the above findings of fact, this Court concludes the following as a matter of
law:
1. S.C. Code Ann. § 40-18-130(C) and S.C. Code Ann. § 1-23-310 et. seq. grant
jurisdiction to the ALJD to hear this contested case.
2. The standard of proof in administrative proceedings is a preponderance of the
evidence, absent an allegation of fraud, or a statute or court rule requiring a higher standard.
Anonymous v. State Board of Medical Examiners, 329 S.C. 371, 496 S.E.2d 17 (1998).
Furthermore, in civil cases, generally, the burden of proof rests upon the party who asserts the
affirmative of an issue. 29 Am. Jur.2d Evidence § 127 (1994); Alex Sanders, et. al., South
Carolina Trial Handbook, § 9:3 Party with Burden, Civil Cases, (2000). Therefore, the Petitioner
has the burden of proving by a preponderance of the evidence that SLED abused its discretion in
denying his private investigation business license.
3. S.C. Code Ann. § 40-18-30(B)(1) gives SLED the power and duty to determine the
eligibility of applicants for a private investigation business licenses. S.C. Code Ann. § 40-18-70(E)(5) states that “SLED may issue a license to a person who...is of good moral character.”
Black’s Law Dictionary, 7th Ed. defines “good moral character” as, inter alia, “[a] pattern of
behavior that is consistent with the community’s current ethical standards and that shows an
absence of deceit or morally reprehensible conduct.” (emphasis added).
Based on this Court’s factual finding that Petitioner has a poor character for truthfulness,
this Court holds as a matter of law that Petitioner lacks the good moral character required for
obtaining a private investigation business license.
ORDER
IT IS HEREBY ORDERED that SLED’s denial of Petitioner’s application for a private
investigation business license is AFFIRMED.
AND IT IS SO ORDERED.
_________________________________
Ray N. Stevens
Administrative Law Judge
June 26, 2003
Columbia, South Carolina |
