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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Russell C. Cobb vs. SCDHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Russell C. Cobb

Respondent:
South Carolina Department of Health and Environmental Control
 
DOCKET NUMBER:
00-ALJ-07-0455-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER OF DISMISSAL

The parties have submitted a Consent Order in this matter. Because all issues in this case have been resolved, the hearing scheduled for Tuesday, December 5, 2000, is canceled. Further, IT IS HEREBY ORDERED this matter is hereby dismissed with prejudice.

AND IT IS SO ORDERED.



______________________________

JOHN D. GEATHERS

Administrative Law Judge

Post Office Box 11667

Columbia, South Carolina 29211-1667



January 8, 2001

Columbia, South Carolina



STATE OF SOUTH CAROLINA

ADMINISTRATIVE LAW JUDGE DIVISION



Russell C. Cobb,

Petitioner,

vs.



South Carolina Department of Health and Environmental Control,



Respondent.



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CONSENT ORDER OF DISMISSAL



DOCKET NO.: 00-ALJ-07-0455-CC



This matter is before the South Carolina Administrative Law Judge Division pursuant to Russell C. Cobb's Petition for a contested case hearing to challenge the staff's recommendation to the Board of Health and Environmental Control that his paramedic certification be revoked. The parties have resolved all outstanding issues and have agreed to settle this matter. In the interest of concluding this matter without the delay and expenses of litigation, the Petitioner and Respondent agree to the entry of this Order. Without an admission of liability or wrongdoing on the part of Petitioner, the parties stipulate and agree as follows:

1. This settlement is based upon disputed facts and conflicting information obtained through the investigation and discovery phases of this case. The parties acknowledge inconsistencies in the statements of the complaining party and in the depositions of key witnesses for the Respondent.

2. Petitioner's appeal shall be dismissed with prejudice.

3. Petitioner and Respondent agree that the terms of this agreement permanently resolve any and all issues arising from an incident occurring on December 19, 1999, and the resulting investigation and agency action. Neither Petitioner nor Respondent shall take any further action against the other party in relation to that incident, except as provided by the terms of this agreement;

4. Petitioner agrees to a suspension of his paramedic certification for the period of June 30, 2000, through November 30, 2000. Petitioner's paramedic certification will be restored to good standing as of December 1, 2000, and he may resume his practice as a paramedic;

5. Petitioner agrees to a one-year probationary period commencing June 30, 2000, and continuing through June 29, 2001;

6. Petitioner agrees to provide to Respondent on or before June 29, 2001, documentation of his successful completion of at least one paramedic training course that includes instruction in a.) proper assessment of patients, and b.) proper splinting of injuries.

7. Either party may move to enforce the terms of this agreement by seeking an order for contempt of court or otherwise as is provided by law.

AND IT IS SO ORDERED.

______________________________

JOHN D. GEATHERS

Administrative Law Judge

Post Office Box 11667

Columbia, South Carolina 29211-1667



January 8, 2001

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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