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:
Beaufort-Hilton Head Radiation Oncology Center vs. SCDHEC et al.

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Beaufort-Hilton Head Radiation Oncology Center

Respondent:
South Carolina Department of Health and Environmental Control, and Beaufort Memorial Hospital
 
DOCKET NUMBER:
00-ALJ-07-0045 CC

APPEARANCES:
E. Wade Mullins, III, Esq.
Bruner, Powell, Robbins, Wall &
Mullins, LLC
P.O. Box 61110
Columbia, S.C. 29260-1110
(803)252-7693
Attorney for Petitioner Beaufort-Hilton
Head Radiation Oncology Center


Nancy Layman, Esq.
Office of General Counsel
S.C. Department of Health and Environmental Control
2600 Bull St.
Columbia, S.C. 29201
Attorney for Respondent S.C. Department
of Health and Environmental Control


Trudy Hartzog Robertson, Esq.
Moore & Van Allen, PLLC
P.O. Box 22828
Charleston, S.C. 29413-2828
Attorney for Respondent Beaufort Memorial Hospital
 

ORDERS:

CONSENT ORDER OF DISMISSAL

WHEREAS, on August 11, 1999, Respondent Beaufort Memorial Hospital ("BMH") submitted an application to Respondent South Carolina Department of Health and Environmental Control ("DHEC") for a Certificate of Need to establish a radiation therapy program with the purchase and installation of Linear Accelerator and related equipment;

WHEREAS, DHEC approved the application of Respondent BMH;

WHEREAS, on or about January 27, 2000, Petitioner Beaufort-Hilton Head Radiation Oncology Center ("B-HHROC") timely filed a request for a contested case hearing and administrative review of the DHEC decision by the Administrative Law Judge Division and the present action followed;

WHEREAS, by letter dated April 4, 2001, a copy of which is attached hereto, the Respondent BMH notified DHEC and the Court that it was withdrawing its application for its Certificate of Need for a Linear Accelerator. By withdrawing the application for the Certificate of Need it appears that no further action is required;

NOW, THEREFORE, upon motion of the Petitioner Beaufort-Hilton Head Radiation Oncology Center, and by and with the consent of the Respondent Beaufort Memorial Hospital and Respondent South Carolina Department of Health and Environmental Control,

IT IS ORDERED that this case be dismissed without prejudice to Beaufort Memorial Hospital's right to re-file its application with all parties being responsible for their own costs and attorneys fees.

AND IT IS SO ORDERED.

__________________________________

MARVIN F. KITTRELL

Chief Administrative Law Judge

April 11, 2001

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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