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 |
