SC Administrative Law Court Decisions

This matter is before the Administrative Law Court (“ALC”) on remand from the Court of Appeals.  The parties filed a joint motion with the South Carolina Court of Appeals seeking to dismiss the appeal, and requested that the Court vacate the order of the ALC.  On April 7, 2009, The Court granted the motion to dismiss and remanded the case to the ALC to determine whether its order should be vacated, and whether remand to the South Carolina Department of Health and Human Services (“Department”) is appropriate. 

            On May 26, 2009 via teleconference both parties requested the July 16, 2008 ALC order be vacated.  Because the Department has enacted a hardship provision and granted the disputed benefits, both parties have requested that the July 16, 2008 Kittrell order be vacated and the case be remanded to the Department for dismissal.  

ORDER

IT IS THEREFORE ORDERED that the Appellant's case is REMANDED to the Department with instructions to dismiss.

AND IT IS ALSO ORDERED that the July 16, 2008 order of the Administrative Law Court be vacated.

            AND IT IS SO ORDERED.

____________________________________

Deborah Brooks Durden

Administrative Law Judge

May 27, 2009

Columbia, South Carolina