ORDERS:
FINAL ORDER AND DECISION
This matter came before the South Carolina Administrative Law Judge Division ("Division")
from an appeal of the Respondent Bonita Williams ("Respondent") 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.
1997) on October 8, 1996. The citation issued to Respondent on that date was for a violation of that
provision of the Act requiring the posting of certain penalty signs on Class III video game machines.
S.C. Code Ann. Sec. 12-21-2802. The Regulatory Violation and Assessment Report sought the
imposition of a $900.00 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 Division on October 12, 1998. Prior to the
hearing, an agreement was reached between the parties resolving this matter on the following terms
and conditions:
1. The Respondent Bonita Williams agrees to pay a fine of $800.00 and to make
payment of the fine to the Department within 30 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 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 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.
IT IS SO ORDERED.
ALISON RENEE LEE
Administrative Law Judge
October 13, 1998
Columbia, South Carolina |
