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. Thomas D. Wise, d/b/a Dave's Truck Stop, #111

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Thomas D. Wise, d/b/a Dave's Truck Stop, #111
 
DOCKET NUMBER:
97-ALJ-17-0637-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter was initiated by a citation issued by the South Carolina Law Enforcement Division against Respondent, Thomas D. Wise, d/b/a Dave's Truck Stop, #111, for violation of 23 S. C. Code Ann. Reg. 7-9(B) (Supp. 1996). Respondent was cited for permitting the purchase of beer in or on a licensed premise by a person under the age of twenty-one (21) years. A Department Determination was issued on September 17, 1997, sustaining the imposition of the violation. The determination imposed a forty-five day suspension of the permittee's off-premise beer and wine permit.

A hearing on this matter was scheduled by the Administrative Law Judge Division for February 4, 1998. Prior to the hearing, the Department determined that the UCI is now on active duty with the United States Marine Corp and unavailable to testify at the hearing. The Department, therefore, consents to dismissal of the violation issued against the above-referenced permittee.

The parties agree that this is a settlement of a contested matter an dis not an admission of wrongdoing by the permittee.

I find the above dismissal to be fair and equitable, approve such dismissal and hereby Order its adoption. As the parties no longer require a hearing on this matter, I also Order this matter Dismissed with Prejudice.

WE SO CONSENT:



By:__________________________

Arlene D. Hand

Counsel for Regulatory Litigation

Attorney for Petitioner

By:___________________________

Durham T. Boney

Attorney for Respondent

AND IT IS SO ORDERED.



_______________________________

Ralph King Anderson, III

Administrative Law Judge

February 5, 1998

Columbia, South Carolina


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