ORDERS:
ORDER OF DISMISSAL
This matter is before the Administrative Law Judge Division pursuant to the Petition for Writ of Mandamus filed by
NewCon Construction, Inc. ("Petitioner") on November 14, 2001. Petitioner asked the undersigned to order the
Department of Transportation ("Department") to process NewCon's application for additional certifications as a DBE
without further delay and to find that attempts to narrowly construe the order of March 6, 2001, or to further delay the
certification process will be punishable by contempt of court. On December 5, 2001, the Department filed a Return to the
Petition for Writ of Mandamus, arguing the Petition should be dismissed because: (1) it is not supported by an affidavit or
verified complaint; and (2) the Department issued a denial of certification on December 5, 2001, rendering the Petition
moot.
An issue is moot when a judgment on the issue will have no practical effect on an existing case or controversy. Mathis v.
South Carolina State Highway Dep't, 260 S.C. 344, 195 S.E.2d 713 (1973). In this case, Petitioner sought a decision from
the Department regarding Petitioner's DBE certification. Whereas the Department has issued its decision, the subject of
this case is rendered moot.
IT IS HEREBY ORDERED that this case is dismissed.
AND IT IS SO ORDERED.
__________________________________
MARVIN F. KITTRELL
Chief Administrative Law Judge
December 12, 2001
Columbia, South Carolina |