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 |