ORDERS:
ORDER OF DISMISSAL
On
August 26, 2005, Petitioner South Carolina Department of Labor, Licensing and Regulation,
State Board of Funeral Service (Board), filed a Petition for Injunctive Relief
and Summons seeking an order from this Court enjoining Respondent Graceland
Cemetery (Graceland) from engaging in the business of providing funeral
services, including, but not limited to, selling funeral merchandise, at its
location in Greenville, South Carolina, because Graceland is not licensed to
engage in the funeral service business. A hearing on the merits of the Board’s
request for injunctive relief was held before this Court on January 24, 2006.
However, pursuant to this Court’s Order in a related matter, Graceland has now
been granted a permit to operate a funeral home at the location in question. See Port Elsewhere II v. S.C. Dep’t of Labor, Licensing and Regulation, State
Bd. of Funeral Serv., Docket No. 05-ALJ-11-0251-AP (S.C. Admin. Law Ct.
Feb. 10, 2006). As this permit authorizes Graceland to operate a funeral home
and generally engage in the practice of funeral service, the Board’s petition
to enjoin Graceland from providing such services because it lacks the
appropriate license is now moot. Therefore,
IT
IS HEREBY ORDERED that the above-captioned matter is DISMISSED as
moot.
AND
IT IS SO ORDERED.
______________________________
JOHN D.
GEATHERS
Administrative
Law Judge
1205 Pendleton
Street, Suite 224
Columbia, South
Carolina 29201-3731
February 10, 2006
Columbia, South Carolina |