ORDERS:
ORDER OF DISMISSAL
On July 1, 2002, the South Carolina Department of Health and Environmental Control (DHEC or Department) conducted a
complaint investigation of Petitioner's community residential care facility. Finding several violations, the Department
issued an immediate suspension of Petitioner's license to operate the residential care facility on July 3, 2002. By letter
dated August 2, 2002, Petitioner requested a contested case hearing before this tribunal to challenge DHEC's decision to
suspend its license. However, after a follow-up inspection on January 28, 2003, DHEC determined that Petitioner's facility
is now in compliance with the applicable regulations, and, by letter dated February 3, 2003, the Department rescinded its
suspension of Petitioner's license. Accordingly, the Department has moved to dismiss this matter as moot.
With regard to mootness, the South Carolina Supreme Court has stated:
[Courts] will not pass on moot and academic questions or make an adjudication where there remains no actual controversy.
A case becomes moot when judgment, if rendered, will have no practical legal effect upon [an] existing controversy. This
is true when some event occurs making it impossible for [a] reviewing [c]ourt to grant effectual relief.
Jones v. Dillon-Marion Human Res. Dev. Comm'n, 277 S.C. 533, 536, 291 S.E.2d 195, 196 (1982); see also Byrd v. Irmo
High School, 321 S.C. 426, 468 S.E.2d 861 (1996). Such is the case here. The sole matter at issue in this case is the
suspension of Petitioner's license. However, the Department has now lifted that suspension, and thereby rendered this
matter moot. Because Petitioner has been granted the relief it seeks, and because this tribunal can provide no further relief,
this case is hereby dismissed as moot.
IT IS THEREFORE ORDERED that the above-captioned matter is DISMISSED with prejudice.
IT IS FURTHER ORDERED that the hearing of this matter scheduled for April 3, 2003, is CANCELED.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1667
February 12, 2003
Columbia, South Carolina |
