ORDERS:
CONSENT ORDER
This matter came before the Court from an appeal of the Respondent R.L. Jordan Oil Co. of North Carolina, Inc. of a citation issued by the Petitioner South Carolina Department of Revenue ("Department") against the Respondent for a violation of S. C. Code Ann. Section 12-21-2791 of the South Carolina Video Games Machine Act on March 27, 1998. The citation issued to the Respondent was for a violation of the $125.00 per day payout restriction contained in Section 12-21-2791. The Regulatory violation and assessment report issued by the Department sought the imposition of a $500.00 fine against the Respondent for this violation. A Final Agency Determination was issued by the Department on December 31, 1998 which sustained the $500.00 fine.
This matter was set for a contested case hearing before the Administrative Law Judge Division on April 23, 1998. Prior to the hearing, the parties requested that such be canceled on the basis of the Respondents agreement to pay the assessed fine. Respondent R.L. Jordan Oil Co. of North Carolina, Inc., therefore, hereby agrees to pay the assessed fine of $500.00 within thirty (30) days of the signing of this Order. The parties agree and understand that this constitutes a final settlement of this matter.
Having reviewed this agreement, and having questioned the parties or their respective counsel regarding the terms thereof, I hereby ORDER its adoption and dismiss the Petition in this matter with prejudice.
Jeffrey M. Nelson, Esq. Matthew A. Henderson, Esq.
Counsel for Regulatory Litigation Attorney for R.L. Jordan Oil Co.
S.C. Department of Revenue 360 East Henry Street
P.O. Box 125 Spartanburg, SC 29302
Columbia, SC 29214 (864) 582-2962
803) 898-5172
IT IS SO ORDERED
Marvin F. Kittrell
Chief Administrative Law Judge
April 27, 1999
Columbia, South Carolina |