ORDERS:
CONSENT ORDER OF DISMISSAL
This
matter is before the Court upon the appeal of the Petitioner, William H. Felton
d/b/a Bonkers Tavern, seeking injunctive relief from the Final Agency
Determination issued by the South Carolina Department of Revenue on April 3,
2006. The Department’s Final Agency Determination found that the Petitioner
had failed to protest a regulatory violation within 90 days of the Notice of
Intent to Suspend being issued to the Petitioner on December 13, 2005. Specifically,
the Petitioner requested that the failure to protest be excused for good cause
shown pursuant to S.C. Code Ann. § 12-60-510(2). The parties now wish to
dismiss the pending action as moot based upon the following:
The Department
is seeking a 45 day suspension against the Petitioner for the regulatory
violation occurring on July 6, 2005. However, on June 28, 2006, the
Petitioner’s licenses were administratively revoked pursuant to uncontested regulatory
violations occurring on November 28, 2005. Further, the Petitioner has sold
the business and no longer possesses licenses at this location. As such, the matter
of the injunctive relief now pending before the Court is moot since the service
of a suspension on licenses that have been permanently revoked would serve no
meaningful purpose. Accordingly, this matter should be dismissed with
prejudice.
The parties agree that this order shall conclude the hearing for
injunctive relief pending before the Administrative Law Court. Further, I find
that the parties freely and voluntarily entered into this agreement and that
they understand this constitutes the full and final resolution of this pending action.
As the Petitioner no longer requires a hearing on this matter, I order this
matter dismissed with prejudice.
AND IT IS SO
ORDERED.
____________________________________
The
Honorable Carolyn C. Matthews
Administrative
Law Judge
Oct. 27, 2006
Columbia, South Carolina
WE SO AGREE:
__________________________ __________________________
James H. Moss, Esquire Lynn
M. Baker, Esquire
Attorney for Petitioner Attorney
for the Respondent |
