APPEARANCES:
Stuart M. Andrews, Jr.
Tracey M. Roberts
Daniel J. Westbrook
Nelson Mullins Riley &
Scarborough, L.L.P.
P. O. Box 11070
Columbia, SC 29211
Counsel for Petitioner
Thomas G. Eppink
Staff Counsel
South Carolina Department of
Health and Environmental Control
2600 Bull Street
Columbia, SC 29201
Counsel for Respondent South
Carolina Department of Health
and Environmental Control
Ernest J. Nauful, Jr.
Ernest J. Nauful, Jr., P.C.
Post Office Box 5907
Columbia, SC 29250
Counsel for Respondent Fairfield
Memorial Hospital |
ORDERS:
ORDER OF DISMISSAL
On February 21, 1995 Respondent Fairfield Memorial Hospital submitted an application to
Respondent South Carolina Department of Health and Environmental Control ("the Department")
for a Certificate of Need to establish a home health agency in Fairfield County, South Carolina.
On March 9, 1995, Petitioner Home Health of South Carolina, Inc. also submitted an application
to Respondent Department for a Certificate of Need to establish a home health agency in Fairfield
County, South Carolina. The Department approved the application of Respondent Fairfield
Memorial Hospital. On July 7, 1995 Petitioner Home Health of South Carolina, Inc. timely filed a
request for a contested case hearing with the Department essentially challenging the Department's
decision, and the present action followed.
Upon consideration, Petitioner Home Health of South Carolina, Inc. has decided to withdraw its
application for a Certificate of Need for a home health agency in Fairfield County, South Carolina.
THEREFORE, upon motion of the Petitioner, by and with the consent of the Respondents, this
Contested Case is hereby dismissed with prejudice.
IT IS SO ORDERED.
___________________________________
Stephen P. Bates
Administrative Law Judge
January 11, 1996
Columbia, South Carolina |