ORDERS:
CONSENT ORDER
This matter comes before me based on South Carolina Department of Revenue's
("Department") issuance of citation against Respondent for violation of S.C. Code Ann. Section
12-21-2748 (Supp. 1996). On January 23, 1997, Respondent was cited for failure to affix owner
identification to three machines licensed pursuant to S.C. Code Ann. Section 12-21-2720(A)(3)
(Supp. 1996). The Department issued its Final Determination on August 19, 1997 finding a
violation, and imposing a $2,500.00 penalty for each machine failing to have the appropriate
identification for total monetary penalties of $7,500.00 for this violation.
Prior to the hearing on this matter scheduled for January 28, 1998 at 11:30 am, 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.
2. This is Respondent's second offense. The Department imposes $1,000.00
penalty for each failure to affix the identification for total penalties of $3,000.00. This payment
will be remitted to the Department no later than Thursday, January 29, 1998, at 5:00 pm.
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.
____________________________________
Honorable Marvin F. Kittrell
Chief Administrative Law Judge
January 28, 1998
Columbia, South Carolina
WE SO MOVE:
Carol I. McMahan
Attorney For Petitioner
WE SO CONSENT:
James M. Griffin
Attorney For Respondent |
