ORDERS:
		
  CONSENT ORDER OF DISMISSAL
            This
    matter is before me upon the Motion of the Petitioner, by and with the consent
    of the Respondent.  The parties are scheduled to appear before this Court on September 6 , 2006, for a hearing on Petitioner’s Request for a Contested Case Hearing. 
  The
    issues in this case are whether Petitioner is mentally or physically
    incapacitated from performing her previous job as a Family Literacy Coach for
    Clarendon School District Two, whether those incapacities are likely to be
    permanent, and whether Petitioner should be retired.  See S.C. Code Ann.
    § 9-1-1540 (1986 & Supp. 2005).  Peggy G. Boykin, Director of Respondent,
    issued a Final Agency Determination denying Petitioner’s application for
    disability retirement benefits.  Petitioner filed a Request for a Contested
    Case Hearing on March 29, 2006, seeking an Order from this Court overturning
    the Final Agency Determination and granting Petitioner’s application for
    disability retirement benefits. 
  During
    the time this case has been pending before this Court, the parties have
    participated in discovery.  Based on the additional evidence received during
    discovery, the Vocational Consultant has determined that the issues are
    sufficiently resolved.  Respondent, therefore, has made the determination to award
    the disability retirement benefits at issue in this action with a continuing
    disability review scheduled to be held three years from the date of this order. 
              NOW
    THEREFORE, on motion of Nelson R. Parker, attorney for Petitioner, and with the
    consent of Kelly H. Rainsford, attorney for Respondent, 
              IT
    IS HEREBY ORDERED, ADJUDGED, AND DECREED that the above action is dismissed and
    the hearing scheduled for September 6, 2006, is cancelled. 
              IT IS SO ORDERED. 
                                                                          _______________________________ 
                                                                          Honorable
    John D. McLeod 
                                                                          Administrative
    Law Judge 
  August 3, 2006 
  Columbia, South Carolina  |