ORDERS:
ORDER OF DISMISSAL
This matter is before the Court for a contested case filed by the Petitioner due to
suspension of the license of Bellwood Manor for failure to follow procedures relating to the
Report of Visit as outlined in R61-84 202.D. As part of their filing with the Division, the
Respondent included a Motion to Dismiss on the grounds that the letter requesting the Contested
Case hearing was submitted 128 days after the Department’s notice of suspension. SC Code
Ann. §44-7-320 (B) (2002) sets a 30 day statute of limitations on these appeals. In addition, the
Motion seeks dismissal on the grounds that the Petition seeks the reinstatement of the
administrative license of Harriette Jenerette, which is not within the purview of the Respondent.
Based on the failure to seek relief in a timely manner and on the jurisdictional issue of Ms.
Jennerette’s license, this matter is DISMISSED.
AND IT IS SO ORDERED.
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CAROLYN C. MATTHEWS
Administrative Law Judge
March 6, 2003
Columbia, South Carolina |
