South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Thomas Langston

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Thomas Langston
 
DOCKET NUMBER:
98-ALJ-17-0116-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter was initiated by a citation issued by the South Carolina Department of Revenue ("Department") against Respondent for a violation of S.C. Code Ann. Section 12-21-2748 (Supp. 1997). On August 8, 1997, Respondent was cited for a violation of Section 12-21-2748, for failing to have owner/operator identification affixed to two machines licensed pursuant to S.C. Code Ann. Section 12-21-2720(A)(3) (Supp. 1997) (commonly referred to as Class III licenses). A Department Determination was issued sustaining the imposition of the violation. The determination imposed a monetary penalty in the amount of $5,000.00 ($2,500.00 for each of the two machines that failed to have the owner operator identification affixed). Respondent appealed the Department's determination.

Prior to the hearing, the parties worked out an agreement resolving the matter. That agreement is incorporated into this Order.

The agreement between the parties is as follows:

1. Respondent admits that on August 8, 1997, two Class III machines failed to have owner/operator identification affixed. Respondent further agrees to remit to the Department a monetary fine in the amount of $1,000.00 ($500.00) for each machine that failed to have the owner/operator identification affixed), no later than 5:00 p.m. on Friday, May 22, 1998.

2. In consideration of the above, the Department agrees to waive the remaining monetary penalties sought for this violation as this is Respondent's first such offense of this nature.

3. All parties understand and agree that the terms as set forth above constitute the full and final resolution of this matter.

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.



RAY N. STEVENS

Administrative Law Judge

June 4, 1998

Columbia, South Carolina

WE SO CONSENT:

By:  

Carol I. McMahan, Counsel for

Regulatory Litigation

Attorney for Petitioner

By:

John S. DeBerry

Attorney for Respondent



NOTE: Consent Order prepared by Petitioner's attorney, Carol I. McMahan.


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