ORDERS:
ORDER OF DISMISSAL
William Green, Owner of BG's Grocery in Adams Run, South Carolina, brought this action
on June 1, 1998, challenging the Department's decision on May 1, 1998, to disqualify his store for
a period of one hundred twenty (120) days from participating in the Women, Infants Food (WIC)
Program administered by the Department. In its May 1, 1998, letter to Mr. Green, the Department
alleged that certain activities at BC's Grocery were not in accordance with the WIC Program and
vendor agreement Mr. Green had entered into in order to sell foods and receive reimbursement
pursuant to the rules and regulations of the Program.
The parties to this action have now agreed to resolve their differences and have agreed to the
dismissal of this action. This dismissal is predicated upon the mutual agreements set forth in the
attached Settlement Agreement and incorporated herein as part of this Order.
I find this Settlement Agreement to be a reasonable resolution of this matter and adopt it as
part of the Order of this Court. Therefore, in light of the Settlement Agreement between the parties
and the parties' willingness to dismiss this case, it is hereby ORDERED
1. That this case is dismissed with prejudice;
2. That the Department shall have a continuing right to enforce the Settlement
Agreement and its terms. Failure to comply with the terms of the Settlement Agreement shall be
grounds for an enforcement action by the Department or any other remedies allowed it by law or
equity;
3. That the Department's May 1, 1998, letter to Mr. Green is the agency's final action
in this matter concerning the violations and points assessed against BG's Grocer;
4. That BG's Grocery is not, under the terms of the attached Settlement Agreement,
disqualified from participating in the Department's WIC Program for the violations cited in the May
1, 1998, letter; and
5. That BG's Grocery shall pay a civil penalty to the Department, as set forth in the
incorporated Settlement Agreement.
AND IT IS SO ORDERED.
___________________________________ Ralph King Anderson, III
Administrative Law Judge
December 8, 1998
Columbia, South Carolina |
