ORDERS:
ORDER
A hearing was held in this matter on May 8, 2002, at the Administrative Law Judge Division. This Court issued a Final
Order and Decision upholding OCRM's issuance of permit number 2001-1E-326-P on September 19, 2002. Thereafter, the
Petitioner filed a Motion for Reconsideration of this matter on September 30, 2002.
Administrative Law Judge Division Rule 29 (D) sets forth that "[a]ny party may move for reconsideration of a final
decision of an administrative law judge in a contested case, subject to the grounds for relief set forth in Rule 60(B)(1
through 5), SCRCP . . . ." The Final Order and Decision issued in this matter was supported by the preponderance of the
credible evidence and by the statutory and case law of South Carolina. In particular, the Final Order and Decision found in
both the Findings of Fact and the Conclusions of Law that the property is located in a critical area. In making that finding
and conclusion, I weighed the evidence presented by the Petitioner's expert and determined, nevertheless, that the property
was located in the critical area. Therefore, after a careful examination of the issues raised by the Petitioner's Motion for
Reconsideration, none of those issues raise the justification and good cause necessary for granting that Motion.
IT IS THEREFORE ORDERED that the Petitioner's Motion for Reconsideration is denied.
AND IT IS SO ORDERED.
Ralph King Anderson, III
Administrative Law Judge
October 15, 2002
Columbia, South Carolina |
