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. Edward L. Brown, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Edward L. Brown and Bryan McNalley, Jimmy L. Martin, Great Games, Inc.
 
DOCKET NUMBER:
97-ALJ-17-0774-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

On July 23, 1998, the Administrative Law Judge Division issued its Order, South Carolina Department of Revenue vs. Edward L. Brown and Bryan McNalley, Jimmy L. Martin, Great Games, Inc., Docket No. 97-ALJ-17-0774-CC. In that Order, Respondents were found in violation of S.C. Code Ann. Section 12-21-2804(A) (Supp. 1997) and 23 S.C. Code Ann. Regs. 117-190 (Supp. 1997). Respondents McNalley and Brown were ordered to pay a monetary penalty of $3,000.00 to the South Carolina Department of Revenue ("Department"). The Court also ordered that no machines licensed pursuant to S.C. Code Ann. Section 12-21-2720(A)(3) (Supp. 1997) (commonly referred to as "Class III" machines and licenses) should be operated at the location for a period of six months.

On November 18, 1998, the Department filed a Notice and Motion for Contempt of the Order referenced above alleging Respondents had not paid the fines imposed and that the game rooms ordered suspended from operation continued to operate and maintain Class III machines.

Prior to a hearing on the Motion, Respondents paid the fines due and agreed to comply with the six month suspension of licensing. Respondents agree the suspension period actually began on September 14, 1998, and will end six months after that date.

As Respondents have come into compliance with the Order of this tribunal, I hereby dismiss the Department's Motion for Contempt as well as the hearing on the Rule to Show Cause. This Court retains continuing jurisdiction to enforce this Order.

IT IS SO ORDERED.

__________________________

Ralph King Anderson, III

Administrative Law Judge

December 21, 1998

Columbia, South Carolina

We So Consent:

_______________________

Carol I. McMahan

Counsel for Regulatory Litigation



_______________________

C. Tyrone Courtney

Counsel for Respondents


Brown Bldg.

 

 

 

 

 

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