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.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Clark & Grainger, Inc., d/b/a Inlet BP
 
DOCKET NUMBER:
97-ALJ-17-0711-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter came before the Court from an appeal of the Respondent Clark & Grainger, Inc. Of a citation issued by the Petitioner South Carolina Department of Revenue ("Department") against the Respondent for a violation of the Video Games Machines Act ("Act"), S.C. Code Ann. Sec. 12-21-2804(B) (Supp. 1996) on January 6, 1997. The citation issued to Respondents on that date was for a violation of that provision of the Act prohibiting the advertising of the playing of Class III video game machines. S.C. Code Ann. Sec. 12-21-2804(B); 27 S.C. Code Regs. Ann. 117-190.2. The Regulatory Violation and Assessment Report sought the imposition of a $2,000.00 monetary penalty against the Respondent for this violation. A Final Agency Determination was issued by the Department sustaining the imposition of the penalty assessed in the violation report.

A hearing was scheduled in this matter before the Court on March 265, 1998. Prior to the hearing, an agreement was reached between the parties resolving this matter on the following terms and conditions:

1. The Respondent Clark & Grainger, Inc., d/b/a Inlet BP, agrees to pay a fine of $500.00 and to make payment of the fine to the Department within fifteen (15) days of the date of this Order.

2. The Department agrees, pursuant to S.C. Code Ann. Section 12-4-320(3) (Supp. 1996) to waive the remaining monetary penalties sought for this violation from the Respondents.

3. The parties further agree and understand that this is a compromise and settlement of a contested penalty and is entered by the Department under the authority provided it in S.C. Code Ann. 12-4-320(3) to compromise such matters.

Having reviewed this agreement and settlement in compromise, and having questioned the parties or their respective counsel regarding the terms thereof, I hereby ORDER its adoption and dismiss the Petition in this matter with prejudice.





Jeffrey M. Nelson James W. Clark

Counsel for Regulatory Litigation Pro Se as President of Respondent

P. O. Box 125 Clark & Grainger, Inc.

Columbia, SC 29214 P. O. Box 1884

(803) 737-4426 Murrells Inlet, SC 29576

IT IS SO ORDERED.





RAY N. STEVENS

Administrative Law Judge

January 30, 1998

Columbia, South Carolina

NOTE: Consent Order was prepared by Petitioner's attorney, Jeffrey M. Nelson.


Brown Bldg.

 

 

 

 

 

Copyright © 2021 South Carolina Administrative Law Court