ORDERS:
ORDER OF DISMISSAL
This contested case comes before me pursuant to S.C. Code Ann. §§ 1-23-600 (Supp. 1994) and
44-61-10, et seq. (1976 & Supp. 1994) and 24 S.C. Code Regs. 61-7, § X(B) (1976). The
hearing in this case was continued three times upon motion of counsel. By Order Of Continuance
dated November 17, 1995, the hearing was ultimately scheduled to commence at 9:00 a.m. on
December 19, 1995.
At the scheduled time for the hearing, DHEC moved for a continuance on the basis that it was not
prepared to present its case. After affording the parties an opportunity to explore settlement
negotiations, which were not fruitful, DHEC renewed its motion. The Motion for Continuance is
denied. All parties were given adequate notice of the date, time, location, and subject matter of
the contested case hearing. In the November 17, 1995 Order, this Court also gave notice that
future continuances would not be freely granted, stating, "... absent extraordinary circumstances,
the hearing in this matter will not be continued again." Petitioner, his counsel and witnesses
travelled from out of town to appear at the scheduled hearing time and were prepared to go
forward.
Upon denial of the Motion for Continuance, DHEC stated to the Court that it was unable to
present its case. Petitioner accordingly moved for dismissal of the case. DHEC has the burden of
persuasion in this case and is unable to present evidence to support its charges.
IT IS THEREFORE ORDERED that Petitioner's Motion to Dismiss is granted and the
above-captioned case bearing Docket Number 95-ALJ-07-0550-CC is hereby dismissed.
AND IT IS SO ORDERED.
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STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
Columbia, South Carolina
December 20, 1995 |
