ORDERS:
CONSENT ORDER
This matter came before the Court from an appeal by the Respondents of a citation issued
by the Petitioner South Carolina Department of Revenue ("Department") against the Respondents
based on a Preliminary Findings Report by the South Carolina Law Enforcement Division on
June 23, 1998. Respondent R. L. Jordan Oil Co. of N.C., Inc. was cited for two violations of the
owner identification provision of S.C. Code Ann. Section 12-21-2748 (Supp. 1998) and the
Respondent C. Wavelyn Jordan d/b/a "The Cadillac" for two violations of the penalty sign
provisions of S.C. Code Ann. Section 12-21-2802 (Supp. 1998). The Regulatory violation and
assessment report issued by the Department sought the imposition of two $2,500.00 fines against
the Respondent R.L. Jordan and two fines of $300.00 against the Respondent C. Wavelyn Jordan
for these violations. A Final Agency Determination was issued by the Department on November
16, 1998 which sustained the fines.
This matter was set for a contested case hearing before the Administrative Law Judge
Division on February 18, 1998. Prior to the hearing, the parties requested that such be canceled
on the basis of the parties having reached a resolution in this matter. Under the terms of this
resolution, the Respondent R.L. Jordan Oil Co., of N.C. agrees to admit to the two violations of
the owner identification provision of S.C. Code Ann. Section 12-21-2748 at issue in this case and
to make payment in the amount of $1,200.00 to the Petitioner Department within thirty (30) days
of the signing of this Order. The Respondent C. Wavelyn Jordan agrees to admit to the two
penalty sign violations of S.C. Code Ann. Section 12-21-2802 at issue in this case and to make
payment to the Department within thirty (30) days of this Order. The Petitioner Department
agrees to waive the remaining fines and penalties which it sought in this action. All parties agree
and understand that this constitutes a final settlement of this matter.
Having reviewed the terms and conditions of this agreement, I hereby ORDER its
adoption and dismiss the Petition in this matter with prejudice.
_________________________ __________________________
Jeffrey M. Nelson Matthew A. Henderson
Counsel for Regulatory Litigation Attorney for Respondents
S.C. Department of Revenue 360 East Henry Street
P.O. Box 125 Spartanburg, SC 29302
Columbia, SC 29214 (864) 582-2952
(803) 898-5172
IT IS SO ORDERED
_________________________
Ralph K. Anderson, III
Administrative Law Judge
February 25, 1999
Columbia, SC |
