ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before the Court based on the issuance of an Administrative Violation and the South Carolina Department of
Revenue's ("Department") Final Determination to Respondent R.L. Jordan Oil Company of North Carolina d/b/a Hot Spot #2038
citing a violation of 23 S.C. Code Ann. Regs. 7-9(B) which occurred on or about September 29, 2000. Respondent appealed the
Department's Determination seeking review of the violation charged and the penalty imposed. The Department and the Respondent
agree that mitigating factors exist under the facts of this case and consequently have resolved all matters in issue without the
necessity of a contested case hearing. Their resolution is incorporated in this Order with the parties agreeing as follows:
- The Respondent admits to the violation and agrees to pay a penalty in the amount of Fifteen Hundred and 00/100 ($1500.00)
Dollars in lieu of a forty-five (45) day suspension of its beer and wine permit.
- The payment of the penalty is due within fifteen (15) days of the issuance of this Order.
- The parties further agree that as it pertains to the above-captioned case, this constitutes the full and final resolution of this matter
between the Department and Respondent.
- Accordingly, the Respondent has withdrawn its request for a contested case hearing.
I find the agreement between the Department and Respondent to be fair and equitable, hereby approve the agreement as specified
above, and Order its adoption. However, the Court retains continuing jurisdiction in this case to enforce the terms of settlement as
recited above. Therefore, in consideration of the foregoing, this case is dismissed.
AND IT IS SO ORDERED.
__________________________________
MARVIN F. KITTRELL
Chief Administrative Law Judge
March 28, 2001
Columbia, South Carolina
WE SO CONSENT: WE SO CONSENT:
South Carolina R.L. Jordan Oil Company of North
Department of Revenue Carolina, Inc., d/b/a Hot Spot #2038
___________________________ ___________________________
Michael K. Kendree Matthew A. Henderson
Counsel for Regulatory Litigation Counsel for Respondent |
