South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Converse Power Corporation vs. SCDHEC, et al

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Converse Power Corporation

Respondent:
South Carolina Department of Health and Environmental Control and Dorchester County Public Works
 
DOCKET NUMBER:
98-ALJ-07-0032-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER DENYING MOTION FOR RECONSIDERATION

This matter comes before me upon a Motion for Reconsideration filed by E.D. Sloan, Jr., President of Converse Power Corporation. Petitioner requests reconsideration of the June 15, 1998 Order rendered by this administrative law judge in the above-captioned case. The Order followed a contested case hearing conducted pursuant to S.C. Code Ann. § 1-23-310, et seq. (1986 & Supp. 1997) and 25 S.C. Code Ann. Regs. 61-72 (Supp. 1997). The Order denied Petitioner's application for an aquaculture permit for the operation of a proposed shellfish cultivation facility in Spartanburg, South Carolina.

The grounds for which a motion for reconsideration can be granted under ALJD Rule 29(B) and Rule 60(B), SCRCP are as follows:

1. mistake, inadvertence, surprise, or excusable neglect;

2. newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b);

3. fraud, misrepresentation, or other misconduct of an adverse party;

4. the judgment is void; or

5. the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application.



The motion for reconsideration fails to set forth any of these grounds. On that basis, the motion is denied.

AND IT IS SO ORDERED.







STEPHEN P. BATES

Administrative Law Judge



June 23, 1998

Columbia, South Carolina


 

 

 

 

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