ORDERS:
ORDER OF REMAND
This matter comes before me pursuant
to Charles Welchel’s request for a contested case hearing before the Administrative
Law Court (“ALC”) challenging the Department of Health and Environmental Control’s
(“DHEC”) decision to suspend his license as an Emergency Medical
Technician—Paramedic for one year pursuant to S.C. Code Ann. § 44-61-80 (f). DHEC
filed a Motion for Transfer on August 25, 2006, based on the passage of Act
387, effective July 1, 2006, which changed the procedure to review decisions
made by DHEC. Counsel for Mr. Welchel agreed with the motion. Under the terms
of this act, a petition for a final review conference should be filed with the
DHEC Board within fifteen (15) days of issuance of the administrative order.
This case is in a unique posture since the initial administrative order at
issue was issued on June 7, 2006, and received by Mr. Welchel on or about June
15, 2006. At that time, a review of this administrative order would have been
to the ALC. The request for contested case hearing, however, was not filed
until July 14, 2006. At that time the review would be to the DHEC Board. The
parties have agreed that it is proper to remand this matter to DHEC for a final
review conference. In addition, the parties have agreed that the fifteen (15)
day limit imposed for petition for final review will not apply to this matter,
since the petition to the ALC was timely under the prior law.
IT
IS THEREFORE ORDERED that this case is REMANDED to DHEC to determine
whether to conduct a final review conference. The Order for Prehearing
Statements issued on August 14, 2006 is cancelled.
AND
IT IS SO ORDERED.
___________________________________
CAROLYN C.
MATTHEWS
Administrative
Law Judge
August 29, 2006
Columbia, South Carolina |