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
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