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 Kwik Fill, Inc., d/b/a Kwik Fill # 23 citing a violation of 23
S.C. Code Ann. Regs. 7-9(B) which occurred on or about May 8, 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 immediately, 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 Accordingly, the Respondent has withdrawn its request for a contested case hearing.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 13, 2002 C. Dukes Scott
Administrative Law Judge
Columbia, S.C.
...............
WE SO CONSENT: WE SO CONSENT:
SOUTH CAROLINA Kwik Fill, Inc., d/b/a Kwik Fill # 23
DEPARTMENT OF REVENUE
____________________________ ______________________________
Michael K. Kendree John W. Rabb, Jr.
Counsel for Regulatory Litigation Counsel for Kwik Fill, Inc. |