ORDERS:
ORDER OF DISMISSAL
THIS MATTER COMES before me at the request of the Respondent, South Carolina
Department of Health and Environmental Control which moves for a dismissal of the above-captioned contested case based on the lack of statutory authority for the Petitioner’s appeal. The
Petitioner initially requested a contested case due to the Respondent’s determination that the
Petitioner’s facility was not in “good standing.” DHEC contends that this determination is not
appealable either by statute under the Health Facility Licensure Act, S.C. Code Ann. § 44-7-110,
et seq, or the Administrative Procedures Act, S.C. Code Ann § 1-23-310 et seq.
I find that this issue need not be reached. By letter dated November 20, 2002, The Director
of the Division of Licensing for the Respondent, DHEC, certified that Jolly Rest More Adult
Residential Care Homes #1 and #2 were re-certified as in “good standing.” Based on good cause
shown,
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that this action is
dismissed as moot, and that all claims herein asserted by all parties, are hereby dismissed with
prejudice, with each party to bear its own attorneys’ fees and costs.
AND IT IS SO ORDERED.
______________________________
CAROLYN C. MATTHEWS
South Carolina Administrative Law Judge
April 15, 2003
Columbia, South Carolina |
