ORDERS:
CONSENT ORDER OF DISMISSAL
WHEREAS, the Petitioner, the South Carolina Department of Health and Environmental Control, (the Department) is an
agency of the State of South Carolina vested with all the powers, functions, and duties granted to the Department and its
officers and agents by statute, and is responsible for administering the Atomic Energy and Radiation Control Act, S.C.
Code Ann. §13-7-40 (1976 as amended) and regulations promulgated thereunder: S.C. Code Ann. Regs. 61-64; and
WHEREAS, the Respondent, Curtis C. "Rip" Mullinax, Jr., d/b/a Mullinax X-Ray Service, Lawrenceville, Georgia, is
registered under Registration #00-0236 to sell, install, and service x-ray equipment in the state of South Carolina; and
WHEREAS, the Department alleges that Respondent failed to comply with Regulations R.61-64 when performing
installations of x-ray equipment and issued to Respondent, Administrative Order RX-AO-99-01 on September 23, 1999;
and
WHEREAS, the Respondent appealed Administrative Order RX-AO-99-01; and
WHEREAS, subsequent submission of documentation by the Respondent, as required by the Order, has brought
Respondent into compliance with said Order; and
WHEREAS, the parties to this action have reached an agreement as outlined below that will dispose of this case without
further proceedings; and
WHEREAS, Respondent agrees to dismiss the appeal and the Department agrees to a reduced penalty of two thousand
five hundred dollars ($2500.00).
NOW THEREFORE IT IS ORDERED AND AGREED that the Respondent shall pay a reduced penalty in the amount
of two thousand five hundred dollars ($2500.00), pursuant to its agreement with the Department.
IT IS FURTHER ORDERED AND AGREED that the issues underlying Administrative Order RX-AO-99-01 are
resolved and this contested case proceeding is hereby dismissed.
AND IT IS SO ORDERED.
___________________________________
The Honorable Marvin F. Kittrell Date: May 1, 2000
Chief Administrative Law Judge |
