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:
Greenville Hospital System vs. SCDHEC et al.

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Greenville Hospital System

Respondent:
South Carolina Department of Health and Environmental Control, and Charter Greenville Behavioral Health Systems, Inc.
 
DOCKET NUMBER:
97-ALJ-07-0028-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER DENYING RECONSIDERATION

This matter comes before me upon a Motion for Reconsideration filed by Petitioner. Petitioner requests reconsideration of the June 4, 1998 Order filed by this Administrative Law Judge in the above-captioned case. The Order followed a contested case hearing conducted pursuant to S.C. Code Ann. §§ 1-23-310 et seq. (1986 & Supp. 1997) and S.C. Code Ann. §§ 44-7-110 et seq. (1976 & Supp. 1997). The Order granted involuntary dismissal of Petitioner's case and granted a Certificate of Need to Respondent Charter Greenville Behavioral Health Systems, Inc. to convert eleven substance abuse beds to eleven psychiatric beds.

The grounds for which a motion for reconsideration can be granted under ALJD Rule 29(C) and Rule 60(B), SCRCP are as follows:



1. mistake, inadvertence, surprise, or excusable neglect;

2. newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b);

3. fraud, misrepresentation, or other misconduct of an adverse party;

4. the judgment is void; or

5. the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application.



The motion for reconsideration fails to set forth any of these grounds. On that basis, the motion is denied.

AND IT IS SO ORDERED.



____________________________________

ALISON RENEE LEE

Administrative Law Judge



June 22, 1998

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

Copyright © 2021 South Carolina Administrative Law Court