ORDERS:
CONSENT ORDER
IT APPEARING unto this Court that a Complaint seeking
injunctive relief has been filed by The State Board of Veterinary
Medical Examiners of South Carolina ("Petitioner"). I find and
conclude that Richard W. Simmons, II, Esquire, of the South
Carolina Department of Labor, Licensing and Regulation, is Attorney
of Record for the Petitioner herein. Further, I find and conclude
that L. Morgan Martin, Esquire, of Hearn, Brittain & Martin, P.A.,
represents Conway Feed and Grain Co., Inc. a/k/a Conway Feed and
Garden Center, Inc. ("Respondent") in regard to this matter.
IT FURTHER APPEARS that this Court has subject matter
jurisdiction and personal jurisdiction over all Parties, and that
the Parties, by and through their Attorneys, as is evidenced by the
signatures hereon below, have reached an agreed settlement which
they desire to be made an Order of this Court. This agreement
provides for the placement of a permanent injunction upon the
Respondent, enjoining it from further violation of S.C. Code Ann.
Regulation 120-5.1 (Supp. 1995). Specifically, the agreed upon
injunction shall permanently enjoin Respondent from the sale of
rabies vaccine without a prescription from a veterinarian who is
licensed by the Petitioner pursuant to S.C. Code Ann. 40-69-10, et
seq. (Supp. 1995).
NOW, THEREFORE, BY AND WITH THE CONSENT OF THE PARTIES, IT IS
HEREBY ORDERED that the Respondent, effective immediately, be
permanently enjoined from violation of S.C. Code Ann. Regulation
120-5.1 (Supp. 1995), specifically, the sale of rabies vaccine
without the prescription of a veterinarian licensed by the
Petitioner.
AND IT IS SO ORDERED.
_______________________________________
STEPHEN P.
BATES
Administrative Law Judge
Edgar A. Brown building
1205 Pendleton Street
Columbia, South Carolina 29201
October 10, 1996.
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WE SO MOVE AND CONSENT:
HEARN, BRITTAIN & MARTIN, P.A.
BY:______________________________ Date 10/4/96
L. MORGAN MARTIN
ATTORNEY FOR RESPONDENT
1206 Third Avenue
Conway SC 29526
(803) 248-3172
SOUTH CAROLINA DEPARTMENT OF
LABOR, LICENSING AND REGULATION
BY:__________________________________ Date 10/8/96
RICHARD W. SIMMONS, II
ATTORNEY FOR PETITIONER
Post Office Box 11329
Columbia, SC 29211-1329
(803) 734-9597 |