ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before the Administrative Law Judge Division ("Division") pursuant to the Agency Transmittal Form filed
on June 21, 2001. This matter involves an administrative action by the South Carolina Law Enforcement Division
("SLED") against Petitioner, a private investigator, alleging that he failed to provide client Terri Cleary with a copy of a
written contract, to render the service requested by Terri Cleary, to provide Terri Cleary with a written investigative report,
and to maintain a copy of a written contract and investigative report for three years, violations of S.C. Code Ann. §§ 40-17-140(8) and 40-17-145 (re-codified as §§ 40-18-70(F), (G), (H), and 40-18-130(10)). In its letter of June 11, 2001, setting
forth the administrative action, SLED explained that, based upon the noted violations, Petitioner's license and registration
would be suspended for a period of fifty-one (51) days or, in the alternative, Petitioner could pay the sum of one thousand
dollars as a fine. Further, SLED advised Petitioner that he could submit an offer in compromise pursuant to S.C. Code
Ann. § 40-18-130(B) or that he could request a hearing before the Division. Petitioner requested a contested hearing.
A hearing on the merits of the above-captioned matter was scheduled to be held on November 7, 2001, at the office of the
Division in Columbia, South Carolina. In a letter filed November 6, 2001, however, counsel for SLED indicates that SLED
has accepted an offer of compromise by Petitioner whereby Petitioner agrees to the following terms which hereby become
the terms of this Order of Dismissal:
(1) SLED will issue a letter of warning regarding the violations outlined above and set forth by letter from SLED to
Petitioner, dated June 11, 2001, which is attached hereto and incorporated herein by reference, and Petitioner agrees to
accept service of this letter of warning through his counsel;
(2) Petitioner will return to the complainant in this matter, Terri Cleary, the sum of $450.00, which was the retainer she
paid to Petitioner for his services; and
(3) Petitioner will pay to SLED the sum of $100.00 as a fine.
AND IT IS SO ORDERED.
__________________________________
MARVIN F. KITTRELL
Chief Administrative Law Judge
December 5, 2001
Columbia, South Carolina
WE SO CONSENT:
_____________________________ _____________________________
Christie Newman Barrett Walter H. Smith, Esquire
Assistant Attorney General Post Office Box 1699
Office of the SC Attorney General Columbia, South Carolina 29202
Post Office Box 11549 (803)256-4247
Columbia, South Carolina 29211
(803)734-3736
Attorney for South Carolina Law Attorney for James B. Simms
Enforcement Division |
