South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Robert D. Newcome vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Robert D. Newcome, d/b/a Tropical Tan

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
02-ALJ-07-0014-CC

APPEARANCES:
Alex Shissias
Attorney for South Carolina Department of
Health and Environmental Control

Phillip Berlinsky
Attorney for Robert D. Newcome, d/b/a
Tropical Suntan
 

ORDERS:

CONSENT ORDER OF DISMISSAL

This matter is before the South Carolina Administrative Law Judge Division ("Division") pursuant to Robert D. Newcome's Petition for Contested Case Hearing challenging the issuance of Administrative Order RT-AO-01-01. The parties have resolved all issues in this matter and agree that the operative portion of Administrative Order RT-AO-01-01 shall be revised to read:



NOW THEREFORE IT IS ORDERED that Tropical Suntan, Robert D. Newcome shall:



1.(a) Pay a civil penalty of $17,315.00. Payment of $14,315.00 of the civil penalty shall be stayed upon a one year period of compliance with S.C. Code Ann. Regs 61-106, and compliance with this Order as determined by the Department. The remaining $3,000.00 of the civil penalty shall be paid in four quarterly installments according to the following schedule:



$750.00 due on March 4, 2002.

$ 750.00 due on June 4, 2002.

$ 750.00 due on December 4, 2002.

$ 750.00 due on March 4, 2003.



  • Should the Respondent fail to pay any installment by its due date, or fail to comply with any term of this Order, the total amount of $17,315.00 will be due and payable within thirty (30) days of receipt of written notice from the Department.

2. In the future use only equipment vendors registered with the Department.



  • In the future respond to Department notices of violations and inspection reports in a timely manner.


  • Within 30 days of the effective date of this Order, establish a set of current operating procedures and submit them to the Department or complete and follow the DHEC 2000 operating procedures.


  • Within 30 days of the effective date of this Order, send to the Department a copy of the revised consumer warning statement and a copy of the client profile card that will be used at Tropical Suntan.


  • Within 30 days of the effective date of this Order, establish procedures for exceeding the exposure schedule on each tanning bed, based on skin type, medical history, base tan, medications, and equipment, and send a copy of the procedure to the Department for review and approval. Alternatively the permittee may instead choose to adhere to the exposure schedule labeled on each tanning bed, and notify the Department of his intention to do so.


  • Comply forthwith with all parts of Regulation 61-106 and any other laws relating to tanning equipment and facilities.




AND IT IS SO ORDERED.





DATE: February 27, 2002 ____________________________

Ray N. Stevens

Administrative Law Judge



WE CONSENT:





DATE:___________________ _____________________________

Alex Shissias

Attorney for South Carolina Department of

Health and Environmental Control


Brown Bldg.

 

 

 

 

 

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