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:
WALTERBORO COMMUNITY HOSPITAL, INC. vs. SCDHEC et al.

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
WALTERBORO COMMUNITY HOSPITAL, INC., d/b/a COLLETON REGIONAL HOSPITAL,

Respondent:
SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL and LOWCOUNTRY HEALTH SYSTEM, INC.
 
DOCKET NUMBER:
95-ALJ-07-0641-CC

APPEARANCES:
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
 

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


Brown Bldg.

 

 

 

 

 

Copyright © 2021 South Carolina Administrative Law Court