SC Administrative Law Court Decisions

This matter arose from Petitioner South Carolina Diagnostic Imaging, Inc., and its affiliate Tricom Diagnostic, LLC’s Petition for Administrative Review and Contested Case Hearing, by letter dated April 9, 2009, requesting administrative review of the South Carolina Department of Health & Environmental Control’s (“DHEC”) decision to issue a non-applicability determination (“NAD”), NA-09-02, to Respondent Charleston Neuroscience Institute, LLC (“CNI”) for the construction of a multi-modality imaging center in North Charleston, South Carolina.[1] 

            Because CNI has chosen to abandon the above referenced NAD request, the above captioned parties hereby consent to this contested case being dismissed.  Pursuant to this dismissal, CNI hereby represents that it has abandoned the above-referenced project and that should it decide to pursue a project in the future, CNI will submit another NAD or a Certificate of Need application to DHEC in accordance with the laws of this State. CNI shall not be prejudiced by this Order or the abandonment of NA-09-02 from making such an application.

            THEREFORE, IT IS ORDERED that DHEC void CNI’s NA-09-02 and that the above captioned case be dismissed. 

            AND IT IS SO ORDERED.

                                                                                    ____________________________________

                                                                                    John D. McLeod, Judge

                                                                                    South Carolina Administrative Law Court

Columbia, South Carolina

June 9, 2009

WE SO MOVE AND CONSENT: