ORDERS:
ORDER OF REMAND
This matter comes before me pursuant
to Leois Jamison and Loretta Tice’s request for a contested case hearing before the
Administrative Law Court (“Court”) challenging Respondent Department of Health
and Environmental Control’s (“DHEC”) decision to grant an agricultural permit
to Respondent Harry Griffith (Griffith). DHEC filed a Motion for Remand
on December 16, 2005 based on information obtained during its review of the
permit in preparation for the Administrative Law Court’s hearing on the merits
scheduled for January 18—19, 2006. DHEC now wishes to void its approval of a
permit (18,935-AG) issued to Griffith on April 20, 2005.
IT
IS THEREFORE ORDERED that this case is REMANDED to DHEC to withdraw its
approval of the permit 18,935-AG issued to Griffith on April 20, 2005. The
application will be deemed incomplete and will be reviewed in accordance with
24 A S.C. Code Ann. Regs. 61-43 and particularly the notice requirements in
light of Corley v. DHEC, 03-ALJ-07-0012-CC. The hearing set for January 18—19,
2006 is cancelled.
AND
IT IS SO ORDERED.
___________________________________
CAROLYN C.
MATTHEWS
Administrative
Law Judge
January 6, 2006
Columbia, South Carolina |