ORDERS:
CONSENT ORDER
The parties are before the Court on a Supplemental Hearing on the Merits. This matter
was originally scheduled for March 20, 1997. The matter was reopened on April 7, 1997
pursuant to Respondent's motion and was set for a supplemental hearing on April 28, 1997. At
the call of the case, Respondent's attorney, Heather L. Smith, was present. Also present was
Petitioner's attorney, Arlene D. Hand. The parties have now entered into an agreement. The
parties have requested this Court to approve this agreement and to make their agreement the
Order of this Court.
The agreement of the parties is as follows:
1. The Respondent concedes to the manner in which this case was reopened and
waives all rights to appeal on those grounds.
2. The Respondent recognizes that her rights to cross-examination have been fully
satisfied by virtue of the fact that her counsel has reviewed the Department's witness testimony
and evidence thoroughly, along with other discovery materials.
3. The Respondent concedes that the alleged violations did occur at her place of
business on August 30, 1996.
4. The Respondent shall pay monetary penalties of $400.00 and $800.00 for
violations of S.C. Code Regs. 7-9 (A) and (B), respectively.
NOW, THEREFORE, based on the foregoing, I find the above settlement to be fair and
equitable, approve such settlement, and hereby Order its adoption. I also Order this matter
Dismissed with prejudice.
WE CONSENT:
______________________________
HEATHER L. SMITH
ATTORNEY FOR RESPONDENT
_____________________________
ARLENE D. HAND
ATTORNEY FOR PETITIONER
AND IT IS SO ORDERED.
This 1st day of May, 1997.
______________________________
JOHN D. GEATHERS
ADMINISTRATIVE LAW JUDGE |
