ORDERS:
ORDER OF DISMISSAL
On December 1, 2000, South Carolina Department of Health and Environmental Control (DHEC or the Department) moved to
dismiss these cases on mootness grounds under ALJD Rule 19(A) and Rule 12(b)(1), SCRCP, stating that there was no issue left for
adjudication since Petitioner had voluntarily relinquished its license to DHEC. On December 7, 2000, Nancy Layman, attorney for
Respondent, represented by letter to this tribunal that Robert Rikard, attorney for Petitioner, did not oppose the motion to dismiss.
Pursuant to these representations, the hearing scheduled for December 12, 2000, was canceled with verbal notification to the parties.
It is fundamental that the voluntary relinquishment of its license does not extinguish the Petitioner's due process rights to demand a
hearing to make the Department prove its case and to contest any allegations through a contested case hearing. However, in the
present cases, Petitioner has represented through its attorney that it does not oppose the motion to dismiss.
IT IS HEREBY ORDERED that these cases are dismissed with prejudice.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1667
Dcember 12, 2000
Columbia, South Carolina |
