South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDLLR vs. Upstate Pedorthic Services

AGENCY:
South Carolina Department of Labor, Licensing and Regulation

PARTIES:
Petitioners:
South Carolina Department of Labor, Licensing and Regulation, Division of Investigations and Enforcement, Office of Wages and Child Labor

Respondents:
Upstate Pedorthic Services
 
DOCKET NUMBER:
08-ALJ-11-0366-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF REMAND

By letter dated September 3, 2008, Respondent advised the Court it is withdrawing its request for a contested case hearing.[1] Therefore,

IT IS HEREBY ORDERED that this matter is remanded to the Department for Respondent to 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.

AND IT IS SO ORDERED.

______________________________________

Marvin F. Kittrell

Chief Judge

September 4, 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 Upstate Pedorthic Services. 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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