South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDHEC vs. Charles Welchel

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioners:
South Carolina Department of Health and Environmental Control

Respondents:
Charles Welchel
 
DOCKET NUMBER:
06-ALJ-07-0621-CC

APPEARANCES:
n/a
 

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


Brown Bldg.

 

 

 

 

 

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