ORDERS:
CONSENT ORDER OF WITHDRAWAL OF REQUEST FOR CONTESTED CASE HEARING WITH LEAVE TO REFILE
This matter came before the Court upon the verbal request of Respondent Lowcountry Health
System, Inc. ("Lowcountry") and Respondent The South Carolina Department of Health and
Environmental Control ("DHEC") by telephone conference on June 6, 1996 to reconsider the
Order of this Court denying the Motion for Change of Trial Date dated May-17, 1996 of
Petitioner Walterboro Community Hospital, Inc. d/b/a Colleton Regional Hospital ("CRH") which
had been made on the ground, among other grounds, of ongoing settlement negotiations among
the parties. Both Lowcountry and DHEC filed memoranda in opposition to CRH's Motion and
subsequently notified the Court in the telephone conference that they withdrew their objection to
a continuance of the hearing scheduled for June 17, 1996. CRH did not oppose the Respondents'
verbal request for reconsideration. The Court denied the continuance requested by all parties.
For docketing purposes and judicial economy, the Court suggested a withdrawal of CRH's
Request for Contested Case Hearing with leave to refile. CRH, Lowcountry, and DHEC
("Parties") consent and represent to the Court their agreement as follows:
1. The Parties, after discussion and mutual consent among the parties, agree to a withdrawal of
the Request for Contested Case Hearing in this matter with leave to refile as further detailed
herein;
2. The Parties agree that CRH must refile this action on or before sixty (60) days from the date of
this Consent Order, with the date of refiling relating back to the original date of the filing of this
action so that CRH's rights are not prejudiced in any way by consenting to the within withdrawal;
3. CRH may refile this action by serving the Notice of Refiling, a copy of which is attached
hereto as Exhibit "A", on the attorneys for Lowcountry and DHEC and filing same with this
Court on or before sixty (60) days from the date of this Consent Order;
4. The effect of serving and filing the Notice of Refiling as detailed above will be that this matter
shall be reinstated in its entirety as if it had never been withdrawn with the sole exception being
that the Court shall reissue a Scheduling Order and Notice of Hearing;
5. The Parties agree that all filing deadlines associated with and in any way related to the within
action are expressly waived by DHEC and Lowcountry so that CRH's rights are not prejudiced by
the within withdrawal;
6. The Parties agree that they are negotiating a settlement of this matter, anticipate that the
settlement will be consummated within sixty (60) days of the date of this Consent Order, and
intend to file a detailed Consent Order of Settlement outlining the terms of the settlement on or
before sixty (60) days from the date of this Consent Order;
7. The Parties agree, notwithstanding the withdrawal of this appeal, that the stay of the decision
of DHEC which is the subject of this action ("Original Stay") shall remain in effect during the
sixty (60) days from the date of this Consent Order and shall continue in effect after the service
and filing of the Notice of Refiling contemplated herein as if this withdrawal and refiling had not
occurred;
8. The Parties further agree to a stay ("Consent Stay") of the decision of DHEC which is the
subject of this action which shall remain in effect during the sixty (60) days from the date of this
Consent Order, notwithstanding the withdrawal of this appeal;
IT IS THEREFORE ORDERED that the consent agreement of the Parties as set forth above is
hereby adopted as the Consent Order of this Court.
__________________________________
JOHN D. GEATHERS
Administrative Law Judge
June 14, 1996
Columbia, South Carolina
WE SO CONSENT:
________________________________
J. Gail Rahn, Esquire
Rahn & Associates, P.A.
Attorneys for Petitioner
Walterboro Community Hospital Inc., d/b/a
Colleton Regional Hospital
_________________________________
Michael A. Molony, Esquire
Young, Clement, Rivers & Tisdale, L.L.P.
Attorneys for Respondent, Lowcountry Health
Systems, Inc.
_________________________________
H. Bowen Woodruff, Esquire
Attorneys for Respondent, South Carolina
Department of Health and Environmental Control
EXHIBIT "A"
STATE OF SOUTH CAROLINA
ADMINISTRATIVE LAW JUDGE DIVISION
Docket No. 95-ALJ-07-0641-CC
WALTERBORO COMMUNITY HOSPITAL,
INC., d/b/a COLLETON REGIONAL HOSPITAL,
Petitioner,
vs.
SOUTH CAROLINA DEPARTMENT OF
HEALTH AND ENVIRONMENTAL CONTROL
and LOWCOUNTRY HEALTH SYSTEM, INC.,
Respondents.
The Petitioner hereby refiles its Request for Contested Case Hearing in accordance with the
Consent Order of Withdrawal of Request for Contested Case Hearing with Leave to Refile dated
June 14, 1996.
___________________________________
J. Gail Rahn, Esquire
RAHN & ASSOCIATES, P.A.
171 Church Street, Suite 200
P. O. Box 22495
Charleston, SC 29413
(803) 722-3885
ATTORNEYS FOR PETITIONER
August __________, 1996
Charleston, South Carolina
STATE OF SOUTH CAROLINA
ADMINISTRATIVE LAW JUDGE DIVISION
Docket No. 95-ALJ-07-0641-CC
WALTERBORO COMMUNITY HOSPITAL,
INC., d/b/a COLLETON REGIONAL HOSPITAL,
Petitioner,
vs.
SOUTH CAROLINA DEPARTMENT OF
HEALTH AND ENVIRONMENTAL CONTROL
and LOWCOUNTRY HEALTH SYSTEM, INC.,
Respondents.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this ____ day of August, 1996, a true and correct copy
of the above and foregoing Notice of Refiling was mailed was mailed, via United States Mail with
sufficient postage thereon to:
Michael A. Molony, Esq.
YOUNG, CLEMENT, RIVERS & TISDALE
P.O. Box 993
Charleston, SC 29402-0993
H. Bowen Woodruff, Esq.
SC Dept. of Health and Environmental Control
2600 Bull Street
Columbia, South Carolina 29201
By: ___________________________
RAHN & ASSOCIATES, P.A.
171 Church Street, Suite 200
P.O. Box 22495 (Zip: 29413)
Charleston, SC 29401
(803) 722-3885 |
