ORDERS:
ORDER OF DISMISSAL
This matter is before me as an appeal of an agency action. In an Order dated September 25,
1997, the agency's Hearing Officer dismissed Ms. Thomas' case as the result of her failure to appear
at a scheduled fair hearing. Ms. Thomas appealed this action, alleging that her absence was due to
illness and that she had attempted to contact the Hearing Officer to advise him that she would be
unable to attend. By letter of November 5, 1997, counsel for the agency offered Ms. Thomas the
opportunity for a fair hearing. Ms. Thomas accepted this offer by letter of November 10, 1997.
Because the only issue pending before me has been resolved by the parties to their mutual
satisfaction, this appeal to the Administrative Law Judge Division (ALJD) is no longer necessary.
ORDER
The Division of Appeals and Hearings of the South Carolina Department of Health and
Human Services shall schedule a fair hearing to give Ms. Thomas an opportunity to challenge the
July denial of her Medicaid eligibility. In order to avoid the appearance of any prejudice to Ms.
Thomas from the previous dismissal of her agency-level appeal, a different hearing officer should
be assigned to her case. This Order is not intended to address the underlying merits of the eligibility
determination, and both the agency and Ms. Thomas are free to fully present their respective
arguments on that issue at the fair hearing and to pursue any appeal rights following a decision on
the merits by the agency's Hearing Officer.
IT IS THEREFORE ORDERED, that this appeal before the ALJD is hereby dismissed.
AND IT IS SO ORDERED.
____________________________________
Ralph King Anderson, III.
Administrative Law Judge
Columbia, South Carolina
December 15, 1997 |
