South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Bayview Nursing Center, Inc. vs. SCDHHS

AGENCY:
South Carolina Department of Health and Human Services

PARTIES:
Appellant:
Bayview Nursing Center, Inc.

Respondents:
South Carolina Department of Health and Human Services
 
DOCKET NUMBER:
98-ALJ-08-0586-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER DENYING MOTION FOR RECONSIDERATION

This matter comes before me upon a Motion for Reconsideration filed by Appellant. Appellant requests reconsideration of the February 17, 1999 Order rendered by Administrative Law Judge Alison Renee Lee in the above-captioned case. The Order followed an oral argument hearing on an appeal from a decision of the South Carolina Department of Health and Human Services. The February 17, 1999 Order affirmed the decision of the Department.

The rules of the Administrative Law Judge Division provide for motions for reconsideration only in contested case proceedings and not in appellate proceedings. ALJD Rule 29(D). In any event, Appellant's motion fails to set forth any of the grounds for which a motion for reconsideration can be granted under ALJD Rule 29(D) and Rule 60(B), SCRCP, which are as follows:

1. mistake, inadvertence, surprise, or excusable neglect;

2. newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b);

3. fraud, misrepresentation, or other misconduct of an adverse party;

4. the judgment is void; or

5. the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application.



Based on the foregoing, Appellant's motion is denied.



AND IT IS SO ORDERED.



________________________________

Marvin F. Kittrell

Chief Judge

Columbia, South Carolina

March 17, 1999


Brown Bldg.

 

 

 

 

 

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