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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Rosemary Amusements of Andrews, Inc.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Rosemary Amusements of Andrews, Inc.
 
DOCKET NUMBER:
97-ALJ-17-0772-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter came before the Court from an appeal of the Respondent Rosemary Amusements of Andrews, 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. 12-21-2748 (Supp. 1996) on January 5, 1997. The citation issued to Respondents on that date was for a violation of that provision of the Act, Section 12-21-2748, which requires the posting of information on Class III machines identifying the owner/operator of each machine. Specifically, the Respondent was operating a three player station Class III machine with only one visible owner identification attached to the machine. The Regulatory Violation and Assessment Report sought the imposition of a $2,500.00 monetary penalty for each violation against the Respondent. On the basis of two violations, the Department sought a total of $5,000 in penalties against the Respondent. A Final Agency Determination was issued by the Department sustaining the imposition of the penalty assessed in the violation report.

The Respondent filed an appeal to the Final Agency Determination which was transmitted by the Department to the Administrative Law Judge Division (ALJD). This case was thereafter assigned to Judge Stevens. Prior to a hearing being scheduled in this matter, an agreement was reached between the parties resolving this matter on the following terms and conditions:

1. The Respondent agrees to pay a fine of $1,000.00 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) and in light of the nature of the violation in this case, to waive the remaining monetary penalties sought for this violation from the Respondent.

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 review 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 Jennifer R. Kellahan

Counsel for Regulatory Litigation Counsel for the Respondent

P. O. Box 125 Jenkinson & Jenkinson, P.A.

Columbia, SC 29214 P. O. Box 669

(803) 898-5172 Kingstree, SC 29556

IT IS SO ORDERED.







RAY N. STEVENS

Administrative Law Judge

Columbia, South Carolina

January 30, 1998



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


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