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:
SCDHEC vs. Waffle House Unit 704

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioners:
South Carolina Department of Health and Environmental Control

Respondents:
Waffle House Unit 704
 
DOCKET NUMBER:
08-ALJ-07-0098-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF REMAND

By letter dated March 21, 2008, Respondent advised the Court it is withdrawing its request for a contested case hearing.[1] Respondent further requested the Court to remand this matter to the Department so that Respondent may satisfy the civil penalty imposed in this case. Therefore,

IT IS HEREBY ORDERED this matter is remanded to the Department so that Respondent must satisfy the civil penalty imposed by the Department within thirty (30) days from the date of this Order.

IT IS FURTHER ORDERED that this matter is DISMISSED.

IT IS SO ORDERED.

______________________________________

Marvin F. Kittrell

Chief Administrative Law Judge

March 25, 2008

Columbia, South Carolina


[1] Because this contested case involves the imposition of penalties by the Department, the Department bears the burden of proof and is therefore considered the Petitioner, even though this matter was actually initiated by Respondent Waffle House Unit 704. See ALC Rule 29(B) (“In matters involving the assessment of civil penalties, the imposition of sanctions, or the enforcement of administrative orders, the agency shall have the burden of proof.”); Stephen P. Bates, The Contested Case Before the ALJD, in South Carolina Administrative Practice & Procedure 161, 201 (Randolph R. Lowell & Stephen P. Bates eds., 2004) (“In some cases, to highlight that the burden lies with the agency, the caption is changed to reflect that the agency is the Petitioner and the party subject to the enforcement is the Respondent, despite the fact that it is the now-Respondent that filed the Request for a Contested Case Hearing.”).

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