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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Randy K. Lollis, and MSM, Inc.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Randy K. Lollis, and MSM, Inc.
 
DOCKET NUMBER:
98-ALJ-17-0329-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER BETWEEN PETITIONER AND THE RESPONDENTS MSM, INC.

This matter came before the Court from an appeal of the Respondents Randy K. Lollis and MSM, Inc. of a citation issued by the Petitioner South Carolina Department of Revenue ("Department") against the Respondents for violations of the Video Games Machines Act ("Act"), S.C. Code Ann. Sec. 12-21-1804(B) (Supp. 1997) on May 20, 1997. The citation issued to Respondents on that date was for a violation of that provision of the Act requiring the presence of a separate employee on each separate "place or premises" operating Class III video game machines during business hours. Additionally, the Respondent MSM was cited for violating that provision of the Act requiring owner identification on each Class III machine. S.C. Code Ann. Secs. 12-21-2804, 12-21-2748; 27 S.C. Code Regs. Ann. 117-190.2.

The Regulatory Violation and Assessment Report sought the imposition of a $5,000.00 monetary penalty against both Respondents for the single place or premise violation and $7,500 against MSM, Inc. for three owner identification violations. A Final Agency Determination was issued by the Department sustaining the imposition of the penalties assessed in the violation report for the single place or premise violation. The owner identification violation was reduced from $7,500 to $2,500 on the basis that the three violations had been written and assessed for three stations of a single multi-station machine.

A hearing was scheduled in this matter before the Court on August 19, 1998. Prior to the hearing, an agreement was reached between the Respondent MSM, Inc. and the Petitioner Department of Revenue resolving this matter between them on the following terms and conditions:

1. The Respondent MSM, Inc., agrees to pay a find of $3,500.00 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 a compromise and settlement of a contested penalty and is entered by the Department under the authority provided it in S.C. Code Ann. Section 12-4-320(3) to compromise such matters.

4. The parties to this agreement also agree and understand that the Respondent Randy K. Lollis is not a party to this agreement and that this agreement fully and finally settles this dispute only between the Department and MSM, Inc. Further, that this agreement will not be altered or amended by the continuing legal action between the Department and the Respondent Lollis.

Having reviewed this agreement and settlement in compromise, and having questioned the parties or their respective counsel regarding the terms thereof, I hereby ORDER this adoption and dismiss the Petition in this matter with prejudice.

_____________ss//__________________ ____________ss//________________

Jeffrey M. Nelson Michael Green

Counsel for Regulatory Litigation Pro Se as President of MSM, Inc.

P.O. Box 125 3715 E. North Street

Columbia, SC 29214 Greenville, SC 29615-2363

(803) 737-4426



AND IT IS SO ORDERED.

ss// JOHN D. GEATHERS

ADMINISTRATIVE LAW JUDGE

Post Office Box 11667

Columbia, South Carolina 29211-1667

July 21, 1998

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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