ORDERS:
CONSENT ORDER OF DISMISSAL WITHOUT PREJUDICE
In this proceeding, East Cooper Regional Medical Center ("East Cooper") seeks administrative review by
the Administrative Law Judge Division ("ALJD" or "Division") of the nonapplicability determination (NA-99-65) issued by the South Carolina Department of Health
and Environmental Control ("DHEC") to CareAlliance Health Services ("CAHS") for the development and
operation of an emergency and diagnostic services facility to be located in Mt. Pleasant, South Carolina (the
"ER Project"). DHEC and CAHS each filed motions to Dismiss
the appeal. After argument by DHEC, CAHS, and East Cooper (collectively the "Parties"), this
court denied the Motions to Dismiss by Order dated December 17, 1999.
On February 18, 2000, CAHS submitted a letter to DHEC stating, inter alia, "by way of
offer to compromise limited to this action alone, CAHS is at present willing to concede that
DHEC's August 12, 1999 non-applicability determination is no longer valid with respect to the
ER Project." (See letter of February 18, 2000 from Robert B. Varnado to Josephine Patton, a
opy of which is attached hereto as Exhibit 1.) After receipt of CAHS' letter, on February 18,
2000, DHEC voided NA-99-65, although CAHS was given leave to re-submit a new non-
applicability request. (See letter of February 18, 2000 from Shannon Cantwell to Robert B. Varnado, a copy
of which is attached hereto as Exhibit 2.)
In that DHEC has vioded NA-99-65, the Parties hereto have agreed that the appeal herein is now moot and
jointly request and consent to the ALJD dismissal of this case. Accordingly, this action is DISMISSED, by
consent, without prejudice to any of the Parties.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
This March 13 Day of March, 2000
Columbia, SC |
