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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Gary W. Langston

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Gary W. Langston
 
DOCKET NUMBER:
98-ALJ-17-0481-CC

APPEARANCES:
n/a
 

ORDERS:

This matter came before the Court from an appeal of the Respondent Gary W. Langston of a citation issued by the South Carolina Law Enforcement Division ("SLED") and 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 August 8, 1997. The citation issued to Respondent on that date was for two violations of that provision of the Act requiring the display of information identifying the owner of each Class III video game machine. S.C. Code Ann. Sec. 12-21-2748(Supp. 1997). The Regulatory Violation and Assessment Report sought the imposition of fines totaling $5,000.00 against the Respondent. 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 Court on November 17, 1998. Prior to the hearing, an agreement was reached between the parties resolving this matter on the following terms and conditions:

1. Respondent Gary W. Langston agrees to pay a fine of $1,000.00 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. Sec. 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, I hereby ORDER its adoption and dismiss the Petition in this matter with prejudice.





________________________ _____________________________

Jeffrey M. Nelson John S. DeBerry

Counsel for Regulatory Litigation Attorney for the Respondent

PO Box 125 PO Box 1422

Columbia, SC 29214 Florence, SC 29503

IT IS SO ORDERED.

______________________________

Ralph King Anderson, III

Administrative Law Judge

Columbia, South Carolina

December 2, 1998


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