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:
Charles T. Johnson vs. SCBCB

AGENCY:
South Carolina Budget and Control Board

PARTIES:
Petitioners:
Charles T. Johnson

Respondents:
South Carolina Budget and Control Board, South Carolina Retirement Systems
 
DOCKET NUMBER:
06-ALJ-30-0317-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

The above-captioned matter is before the Court upon the request of Petitioner Charles T. Johnson for a contested case hearing to challenge the decision of Respondent South Carolina Budget and Control Board, South Carolina Retirement Systems, that his application for disability retirement benefits was not timely filed. Petitioner now comes before the Court to request that this contested case be dismissed with prejudice. Petitioner has advised the Court that, after further consideration, he has decided not to pursue his disability claim. Accordingly, Petitioner has asked the Court to dismiss his disability claim with prejudice, but to also specify that such dismissal in no way affects Petitioner’s rights to his pension monies and rights otherwise. Respondent consents to Petitioner’s motion and agrees that this dismissal shall not affect Petitioner’s pension rights and entitlements in any way except as to his disability claim. Therefore, for good cause shown,

IT IS HEREBY ORDERED that the above-captioned case is dismissed with prejudice pursuant to Rule 41(a)(2), SCRCP, and ALC Rule 68.

AND IT IS SO ORDERED.

____________________________

Honorable John D. McLeod

Administrative Law Judge

July 29, 2008

Columbia, South Carolina

I SO MOVE:

___________________________ July 23, 2008

Stuart W. Snow Date

Attorney for Petitioner

I CONSENT:

____________________________ July 28, 2008

Justin R. Werner Date

Attorney for Respondent


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