ORDERS:
STAY ORDER
A motion hearing was held via teleconference in the above matter on February 12, 1996, at 9:00
a.m. with Thomas A. Boland, Sr., Attorney for Respondent, and Timothy E. Meacham, Attorney
for Appellant. Arguments were heard as to whether the final agency action in this case should be
stayed pending the outcome of this appeal. By final Administrative Decision issued January 2,
1996, the South Carolina Department of Social Services (hereinafter referred to as "DSS")
revoked the group daycare license of Vanessa Woods.
Appellant Woods filed a Notice of Appeal of the decision of DSS with the Administrative Law
Judge Division on January 30, 1996, pursuant to S.C. Code Ann. §§ 20-7-2760 and
1-23-380 (Supp. 1995). Appellant also moved for a stay of the DSS decision. DSS moved to lift
the stay. Pursuant to ALJD Rule 34, the DSS decision is automatically stayed, absent specific
statutory authority to the contrary in Title 20.
Upon hearing oral arguments from counsel and reviewing the facts and applicable law,
IT IS HEREBY ORDERED that the DSS decision to revoke the group daycare license of
Appellant Vanessa Woods is automatically stayed pending the consideration and decision by this
Court of the appeal in this matter.
IT IS FURTHER ORDERED that DSS shall continue to exercise its regulatory authority over the
operation of Ms. Wood's group daycare center and shall make periodic inspections of the daycare
center to assure regulatory and statutory compliance. Ms. Woods is ordered to comply with all of
the regulatory and statutory requirements associated with the group daycare license
and to allow DSS inspection without hinderance. Failure to comply with the provisions of this
Order shall be deemed a contemptuous act and shall subject the party to sanctions by this Court.
IT IS FURTHER ORDERED that the parties shall comply with ALJD Rules 33-39 regarding
matters heard on appeal by the ALJD. A hearing to allow counsel to present oral arguments shall
be scheduled as expeditiously as possible.
AND IT IS SO ORDERED.
_______________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
February 12, 1996
Columbia, South Carolina |
