SC Administrative Law Court Decisions

This matter was initiated by a citation issued by the South Carolina Law Enforcement Division and the South Carolina Department of Revenue ("Department") against Respondent for violation of S.C. Code Ann. Section 12-21-2748 (Supp. 1996). On January 21, 1997, Respondent was cited for failure to affix owner/operator identification to machines licensed pursuant to S.C. Code Ann. Section 12-21-2720(A)(3) (Supp. 1996). A Department Determination was issued sustaining the imposition of the violation and imposing a monetary fine in the amount of $10,000.00 ($2,500 for each of the four machines that failed to have the identification) for this violation..

Prior to the hearing on this matter scheduled for October 31, 1997, the parties resolved this matter. That agreement is incorporated into this Order.

The agreement between the parties is as follows:

1. Respondent admits the violation and agrees to pay the monetary penalty imposed by the Department of $2,000.00.

2. In consideration of the above, the Department agrees to accept payment of the penalty no later than 5:00 pm on November 14, 1997 and waives all other monetary penalties as this is Respondent's first offense of this nature.

I find the above settlement to be fair and equitable, approve such settlement, and hereby Order its adoption. This Court retains continuing jurisdiction to enforce this Order. As the parties no longer require a hearing on this matter I also Order this matter Dismissed with Prejudice.

AND IT IS SO ORDERED.

Administrative Law Judge

November 10, 1997

Columbia, South Carolina

WE SO MOVE:

By:

Attorney for Petitioner

WE SO CONSENT:

By:

Respondent