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. Tim Amusements, Inc.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Tim Amusements, Inc.
 
DOCKET NUMBER:
97-ALJ-17-0533-CC

APPEARANCES:
n/a
 

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


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