ORDERS:
ORDER FOR DISMISSAL OF APPEAL
This matter is before the Court by way of motion of Counsel
for the Petitioner, and by and with the consent of Counsel for
the Respondents, requesting that the within appeal be dismissed
and a Certificate of Need be issued in this matter.
The Court has been advised that the Respondent, Department
of Health and Environmental Control ("DHEC"), has reviewed
certain documentation provided by the other parties to this
appeal and has concluded that the proposed Joint Venture
Agreement is not a "substantial change" as contemplated by DHEC
Regulation 61-15,
310. Further, the Department has determined and has consented
to the issuance of a Certificate of Need to the newly formed
joint venture entity, "Colleton Ambulatory Surgery Center."
Further, all parties to the Joint Venture Agreement have
resolved all contingencies and have concluded all necessary acts
and have committed to funding the Joint Venture.
Based upon the foregoing and by and with the consent of all
parties hereto, it is
ORDERED, ADJUDGED AND DECREED that the within Appeal be
dismissed, with prejudice and that a certificate shall be issued
to the joint venture, "Colleton Ambulatory Surgery Center."
AND IT IS SO ORDERED. ___________________________
John D. Geathers
Administrative Law Judge
Edgar A. Brown Building
1205 Pendleton Street
Columbia, South Carolina 29201
October 15, 1996
Columbia, South Carolina |