ORDERS:
CONSENT ORDER
Whereas, on July 6, 1995, Petitioner issued to Respondent a citation alleging two instances of
violation of South Carolina Code Ann. §41-10-40(D) and whereas on July 21, 1995, Respondent
filed a timely protest to that citation and the matter was referred to the Administrative Law Judge
Division.
Whereas, as a result of the exchange of Evidence and Foundation of Documents, the parties
realized that it was possible to resolve the subject of their disagreement.
Respondent is entering this agreement for economic purposes only, and specifically does not
admit the truth of any alleged facts, any of the characterization of Respondent's alleged conduct,
or any of the conclusions set forth in the citations issued in this matter. Further, neither this
Agreement nor any order by the the South Carolina Department of Labor, Licensing and
Regulation-Division of Labor pursuant to it shall be offered, disclosed, used, or admitted into
evidence in any proceedings, whether civil, criminal, or administrative now pending or hereinafter
initiated, except such proceedings as may hereinafter initiated by the South Carolina Department
of Labor, Licensing and Regulation-Division of Labor in enforcement of the laws of this State.
Each party hereby agrees to bear its own fees (including attorney fees) and other expenses
incurred by such party in connection with any stage of this proceeding.
Now, therefore, it is agreed between the parties that the citation be amended to read:
2 items - §41-10-40(D) - Failed to pay wages due to Sherry Preston in the approximate
amount of $10.00 by regular payday 12/31/94 and $145.12 by regular payday 5/15/95 -
penalty $ 150.00.
It is further agreed that Respondent withdraws its protest to the amended citation and will pay the
penalty within thirty (30) days of receipt of the Order of the Administrative Law Judge approving
this agreement.
IT IS THEREFORE ORDERED that the citation be amended and the protest be dismissed.
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
This 14th day of November, 1995
Columbia, South Carolina
I Consent:
____________________________
Sharon A. Dantzler
Attorney for Petitioner
SC Dept. of Labor, Licensing & Regulation
P O Box 11329
Columbia, SC 29211-1329
I Consent:
_______________________________
W. Alex Dallis, Jr.
Attorney for Respondent
Dallis Law Firm, P.A.
2430 Mall Drive, Suite 170
North Charleston, SC 29406 |