ORDERS:
ORDER DENYING RESPONDENT'S MOTION FOR RECONSIDERATION
This matter comes before me on Respondent's Motion for Reconsideration of the Order and
Decision dated June 23, 1997 in the above-captioned matter. The motion is filed pursuant to ALJD
Rule 29(C) and seeks reconsideration of the order, "based upon the statutory and decisional law of
the State of South Carolina." For the reasons stated below, the motion is DENIED.
"In cases permitting an agency to reconsider its decision, courts have emphasized that an
agency's power to reconsider or rehear a case is not an arbitrary one, and such power should be
exercised only when there is justification and good cause; i.e., newly discovered evidence, fraud,
surprise, mistake, inadvertence or change in conditions." Bennett v. City of Clemson, 293 S.C. 64,
66-67, 358 S.E.2d 707, 708-09 (1987) (citing 2 Am.Jur.2d, Administrative Law, § 522 et seq. (1962
& Supp.1986)). "[A] party cannot use a motion to reconsider, alter, or amend a judgment to present
an issue that could have been raised prior to the judgment but was not so raised." Anonymous
(M-156-90) v. State Bd. of Med. Examiners, ___ S.C. ___, 473 S.E.2d 870, 880 (Ct. App. 1996)
(citing Patterson v. Reid, 318 S.C. 183, 456 S.E.2d 436, 437 (Ct. App. 1995) and Anderson
Memorial Hosp., Inc., v. Hagen, 313 S.C. 497, 498, 443 S.E.2d 399, 400 (Ct. App. 1994)). Cf. Rule
59(a), SCRCP.
In its "Notice of Motion and Motion for Reconsideration, and/or Relief From Judgement"
Respondent does not present any legal rationale that would warrant reconsideration in this matter.
Respondent has not cited to any newly discovered facts or evidence, any mistake or inadvertence,
fraud, surprise, or any change in conditions to suggest that the order in judgement is incorrect and
not in compliance with the statutory or decisional law of the state. The Respondent therefore, has
not demonstrated justification or good cause to reconsider the provisions of the Order. Respondent's
motion is DENIED.
AND SO IT IS ORDERED.
___________________________
ALISON RENEE LEE
Administrative Law Judge
July 10, 1997
Columbia, South Carolina |
