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:
SCDOR vs. Speedway SuperAmerica, LLC, d/b/a Speedway Starvin Marvin #239

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Speedway SuperAmerica, LLC, d/b/a Speedway Starvin Marvin #239
 
DOCKET NUMBER:
02-ALJ-17-0426-CC

APPEARANCES:
n/a
 

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 Speedway SuperAmerica, LLC, d/b/a Speedway Starvin Marvin #239 citing a violation of 23 S.C. Code Ann. Regs. 7-9(B) which occurred on or about March 15, 2002. Respondent appealed the Department's Determination, seeking review of the violation charged and the penalty imposed. It appears that the Department and the Respondent have resolved all issues in this case without the necessity of a hearing. Their resolution is incorporated in this Order.

1. The Respondent admits the violation and consents to a ten (10) day suspension of its beer and wine permit and agrees to pay a monetary fine in the amount of Twenty-Five Hundred and 00/100 ($2500.00) Dollars. The suspension shall commence on November 10, 2002, with the first day of suspension being the day of mailing, or surrender, of the beer and wine permit to the Department of Revenue. The monetary amount is due to the Department of Revenue within fifteen (15) days of the date of this Order.

2. The Department, in turn, will not seek the forty-five (45) day suspension sought in this matter.

3. 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.

4. Accordingly, the Respondent has withdrawn its request for a contested case hearing.

I find the agreement between the Department and Respondents to be fair and equitable, approve the agreement, and hereby Order its adoption. The Court retains continuing jurisdiction to enforce the terms of this Order. Therefore, in consideration of the foregoing, this contested case is dismissed with prejudice.

AND IT IS SO ORDERED.





______________________________

November 12, 2002 C. Dukes Scott

Administrative Law Judge

Columbia, S.C.



...............





WE SO CONSENT: WE SO CONSENT:



SOUTH CAROLINA SPEEDWAY SUPERAMERICA, LLC

DEPARTMENT OF REVENUE D/B/A SPEEDWAY STARVIN MARVIN

#239







____________________________ ______________________________

Michael K. Kendree Edwin D. Givens

Counsel for Regulatory Litigation Counsel for Speedway SuperAmerica, LLC


Brown Bldg.

 

 

 

 

 

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