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:
Aiken Regional Medical Center vs. SCDHEC et al.

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Aiken Regional Medical Center

Respondent:
South Carolina Department of Health and Environmental Control, and Imaging Center of Aiken, L.L.C.
 
DOCKET NUMBER:
99-ALJ-07-0655-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER GRANTING MOTION TO REMAND
On April 8, 1999, the South Carolina Department of Health and Environmental Control (Department) issued its letter of non-applicability (NA-99-37) by which it set forth its determination that the Imaging Center of Aiken's (Imaging Center) development, construction and operation of an imaging center providing, among other things, magnetic resonance imaging and computed tomography scanning to be located in Aiken, South Carolina did not meet the applicability requirements as stated in 24A S.C. Code Ann. Regs. 61-15 § 102. The Department's issuance of the letter of non-applicability was based on representations and documentation submitted by the Imaging Center.

On October 9, 2000, the Department filed its motion whereby the Department requested that this case be remanded so that it may initiate revocation of its previous determination of non-applicability for the Imaging Center. The motion was made based on information which is now available to the Department which it was unaware of when it originally made the determination of non-applicability. The Department's motion was supported by the attached affidavit of Mr. Leon B. Frishman.

On October 12, 2000, the Aiken Regional Medical Center notified the Administrative Law Judge Division (Division) that it joined in the Motion to Remand.

By letter dated October 17, 2000, the Imaging Center, withdrew its opposition to the Motion to Remand.



IT IS THEREFORE ORDERED that the Motion to Remand filed by the South Carolina Department of Health and Environmental Control is hereby granted.



AND IT IS SO ORDERED.







________________________________

C. Dukes Scott

Administrative Law Judge



October 25, 2000

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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