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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Adams Outdoor Advertising of South Carolina vs. SCDOT

AGENCY:
South Carolina Department of Transportation

PARTIES:
Petitioners:
Adams Outdoor Advertising of South Carolina

Respondents:
South Carolina Department of Transportation

In Re: 06-27-767168
 
DOCKET NUMBER:
02-ALJ-19-0284-CC

APPEARANCES:
n/a
 

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


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