South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. R. L. Jordan Oil Co. of N.C., Inc., et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
R. L. Jordan Oil Co. of N.C., Inc., and C. Wavelyn Jordan d/b/a The Cadillac
 
DOCKET NUMBER:
98-ALJ-17-0666-CC

APPEARANCES:
n/a
 

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


Brown Bldg.

 

 

 

 

 

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