ORDERS:
CONSENT ORDER OF DISMISSAL
Now comes the Respondent, South Carolina Department of Transportation (SCDOT), and Petitioner, Adams Outdoor
Advertising of SC (Adams), for an Order to end this case because the case has been settled by the parties pursuant to the
following terms.
1. Adams agrees to maintain the operation of the qualifying activity identified on the three (3) above-referenced outdoor
advertising permits, in compliance with the Highway Advertising Control Act (Act), specifically § 57-25-105(5)(e) and (i),
and Regulation 63-342(CC) and (U), for the next two (2) years to commence on the date of the filing of this Order.
2. SCDOT agrees to rescind its revocation of the above three (3) permits located adjacent to I-95 in Jasper County.
3. If, within the two (2) year period, Adams fails to maintain the operation of the business, in accordance with the standards
set forth in item 1, Adams agrees that the SCDOT may assert its rights, under Regulations 63-342(CC) and (U), to revoke
the permits. Adams shall be afforded an ALJ hearing. Adams waives its right to defend the case on the basis that the one
(1) year regulatory period has lapsed. During the hearing, the only issue will be if the business is transient or temporary
and, if so, whether it is a sham.
4. The parties agree that this agreement extends the one (1) year regulatory period of Regulation 63-342(U) for two (2)
years from the filing of this consent order.
5. SCDOT reserves its right to monitor the business during the two (2) year period. Adams agrees to make available all
records and information on the business during the two (2) year period.
ACCORDINGLY, IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the within cases are hereby
dismissed without prejudice, pursuant to the above terms.
AND IT IS SO ORDERED.
__________________________________
Ralph King Anderson, III
Administrative Law Judge
November 12, 2002
Columbia, South Carolina
WE CONSENT:
______________________________ ________________________________
BARBARA M. WESSINGER DONALD B. CLARK
Attorney for Respondent Attorney for Petitioner |