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:
SCDCA vs. Batesburg-Leesville Wellness Center, Inc., and Henry Sims, Individually

AGENCY:
South Carolina Department of Consumer Affairs

PARTIES:
Petitioners:
South Carolina Department of Consumer Affairs

Respondents:
Batesburg-Leesville Wellness Center, Inc., and Henry Sims, Individually

DOCKET NUMBER:
08-ALJ-30-0472-IJ

APPEARANCES:
n/a

ORDERS:

ORDER OF DISMISSAL

On November 12, 2008, the Petitioner South Carolina Department of Consumer Affairs (“Department”) filed a Motion to Dismiss in this matter on the basis that Respondents Batesburg-Leesville Wellness Center, Inc., and Henry Sims, Individually (“Respondents”) have paid an administrative fine in the amount of one hundred dollars ($100.00) to the Department and otherwise completed the 2008 and 2009 physical fitness renewal filing requirements, pursuant to S.C. Code Ann. § 40-39-10 et seq. Furthermore, the Respondents have agreed to cease offering physical fitness memberships and/or contracts that exceed either two hundred dollars ($200.00) in amount or in excess of three months duration. Based upon the Respondents’ actions and the Department’s motion,

IT IS HEREBY ORDERED that the hearing in this matter, scheduled for 11:00 a.m. on Friday, November 14, 2008, is CANCELED.

IT IS FURTHER ORDERED that this matter is DISMISSED with prejudice.^{^[1]}

______________________________________

Marvin F. Kittrell

November 13, 2008 Chief Judge

Columbia, South Carolina

^{^[1]} The Department may move before the Court requesting an order to enforce the terms of the parties’ agreement should the Respondents violate the written terms of their agreement.

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