ORDERS:
CONSENT ORDER
This matter came before the Court from an appeal of the Respondents of a citation issued by
the Petitioner South Carolina Department of Revenue ("Department") against the Respondent for
violations of the Video Games Machines Act ("Act"), S. C. Code Ann. § 12-21-2748 (Supp. 1996)
on October 31, 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 $2,500.00 monetary penalty against the Respondent
for each violation for a total penalty of $5,000. 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 agrees to pay fine totaling $500.00. Respondent also agrees 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 these violations 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.
Jeffrey M.
Nelson Ronald J. White
Counsel for Regulatory Litigation 809 West Parker Road
P. O. Box 125 Greenville, SC 29611
Columbia, SC 29214
(803) 737-4426
IT IS SO ORDERED.
RAY N. STEVENS
Administrative Law Judge
May 27, 1998
Columbia, South Carolina
NOTE: Consent Order prepared by Petitioner's Attorney, Jeffrey M. Nelson. |
