ORDERS:
ORDER OF DISMISSAL
The Petitioner, Oncology
and Hematology Associates of South Carolina, LLC, d/b/a Cancer Centers of the Carolinas
(“CCC”), filed its request for a contested case hearing on August 12, 2005 to
challenge the August 9, 2005 decision of the Respondent South Carolina
Department of Health and Environmental Control (“DHEC”) to grant a certificate
of need (“CON”) to Respondent St. Francis Hospital, Inc. (“St. Francis”) for
the purchase and installation of a CyberKnife Stereotactic Radiosurgery System
(“CyberKnife”) at its St. Francis Hospital in Greenville, South Carolina. The
trial of this contested case is scheduled for hearing June 19—22, 2006.
St. Francis has now
decided to withdraw the CON application. There being no case in controversy as
a result of St. Francis’ decision to discontinue pursuit of the CON, the
parties have agreed to dismiss this contested case proceeding as provided in
S.C. Code Ann. § 1-23-320(f).
IT IS HEREBY ORDERED:
1. St. Francis’ CON
application to install a CyberKnife is withdrawn.
2. The case is
dismissed.
3. The trial scheduled
for June 19—22, 2006 is cancelled.
IT IS SO
ORDERED.
____________________________________
CAROLYN C.
MATTHEWS
Administrative
Law Judge
June 13, 2006
Columbia, South Carolina |
