ORDERS:
ORDER OF DISMISSAL
This matter is before the Administrative Law Judge Division ("Division") pursuant to the Agency Transmittal
Form filed August 10, 2001. On August 2, 2001, Respondent received a citation wherein the Department
assessed a $100.00 penalty against Respondent for failure to pay wages at the designated time and place in
violation of S.C. Code Ann. § 41-10-40(D) (Supp. 2000). On August 8, 2001, the Department received a
request for a contested case hearing from Respondent. The Department thereafter filed the Agency
Transmittal Form with the Division.
On August 30, 2001, the Department filed a Motion to Dismiss Citation. The Department explained "it
cannot produce admissible evidence concerning the timeliness of the payment of the wages at issue."
IT IS HEREBY ORDERED that the Department's Motion to Dismiss Citation is granted and this case is
dismissed with prejudice.
AND IT IS SO ORDERED.
__________________________________
MARVIN F. KITTRELL
Chief Administrative Law Judge
August 31, 2001
Columbia, South Carolina |
