South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Oncology and Hematology Associates of South Carolina vs. SCDHEC, et al

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Oncology and Hematology Associates of South Carolina, LLC, d/b/a Cancer Centers of the Carolinas (CCC)

Respondents:
South Carolina Department of Health and Environmental Control and St. Francis Hospital, Inc.
 
DOCKET NUMBER:
05-ALJ-07-0310-CC

APPEARANCES:
n/a
 

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 St. Francis’ CON application to install a CyberKnife is withdrawn.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


Brown Bldg.

 

 

 

 

 

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