South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Clarence Anderson Jr.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Clarence Anderson Jr.
 
DOCKET NUMBER:
98-ALJ- 17-0223 -CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter came before the Court from an appeal of the Respondent Clarence Anderson Jr., 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. § 12-21-2748 (Supp. 1997) on October 29, 1997. The citation issued to Respondents on that date was for violations of that provision of the Act which mandates the presence of an owner/operator identification tag placed on the machine . S.C. Code Ann. § 12-21-2748 (Supp. 1997). The Regulatory Violation and Assessment Report sought the imposition of a $7,500.00 monetary penalty against the Respondent for these violations. A Final Agency Determination was issued by the Department sustaining the imposition of the penalty assessed in the violation report.

Prior to the hearing, an agreement was reached between the parties resolving this matter on the following terms and conditions:

1. The Respondent Clarence Anderson Jr, agrees to pay a fine of $1,500.00 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 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 John D. Rhea, Esq.

Counsel for Regulatory Litigation Attorney for Respondent

PO Box 125 PO Box 11784

Columbia, SC 29214 Rock Hill, S.C. 29731-1748

(803) 737-4426 (803) 328-1848

IT IS SO ORDERED.

John D. Geathers

Administrative Law Judge

Columbia, South Carolina

May 19, 1998


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