ORDERS:
ORDER STRIKING CASE FROM ACTIVE DOCKET
In the above-captioned matter, Petitioner Frank Wescott challenges the decision of
Respondent South Carolina Department of Health and Environmental Control (Department) to
deny his application for a septic tank permit for his property in Lugoff, South Carolina. By a
motion filed on May 13, 2005, the Department, having consulted with Petitioner, moves to strike
this case from the active docket of the South Carolina Administrative Law Court. The
Department informs this tribunal that Petitioner is not prepared to proceed with the hearing of
this matter currently scheduled for June 1, 2005, and that the parties have discussed conducting
further evaluations of the property in question, including arranging for additional site visits by
the Department. Therefore, in order to allow the parties to further evaluate Petitioner’s property
for a septic tank system and fully determine whether it is necessary to hold a contested case
hearing in this matter,
IT IS HEREBY ORDERED that the above-captioned case is STRICKEN from the
active docket of this Court, and the hearing of this matter scheduled for Wednesday, June 1,
2005, is CANCELED.
IT IS FURTHER ORDERED that this case shall be restored to the active docket of the
Court upon motion of Petitioner, if a written motion requesting that the case be restored to the
docket is filed with this Court and served on the Department within one hundred and eighty
(180) days of the date of this Order.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211
May 18, 2005
Columbia, South Carolina |
