ORDERS:
ORDER OF TEMPORARY INJUNCTION
Petitioner Edings Wilson seeks a temporary injunction prohibiting the respondent Board from issuing or
seeking to enforce a cease and desist order pending his completion of continuing education credits. The
motion is granted as set forth herein.
As a result of a clerical error in his office, petitioner had not renewed his license to engage in land surveying
for the past three (3) years. When the oversight was discovered, petitioner filed an application to have his
license reinstated. Petitioner had completed fourteen (14) of the thirty (30) hours of continuing education
requirements that had become due during the subject period, and he sought a medical exclusion based on
back problems for the remaining sixteen (16) hours that were due for reinstatement. Board staff denied the
request for medical exclusion and by letter dated July 23 2001, advised that his license could not be reinstated
until the additional continuing education hours were completed.
Because the Board will not convene again until the end of September, petitioner filed a petition asking that
the additional educational hours be temporarily waived so as to permit him to continue to practice until the
Board could consider his request. When the Board failed to respond to the petition, this action was
commenced. Petitioner seeks an order requiring the Board to issue a limited waiver until the issue of the
medical exclusion can be decided by the full Board. In the alternative, he seeks an order enjoining the Board
from issuing any orders or seeking to prohibit him from practicing his profession until the issue of the
medical exclusion can be considered by the Board.
A hearing was convened on August 14, 2001 to consider the matters raised by the petition. Through its
counsel, the Board filed a return to the petition advising, inter alia, that petitioner can obtain additional
continuing education hours in a number of settings between now and the scheduled Board meeting so as to
prevent the necessity of addressing the waiver for educational credits retroactively.
After reviewing the verified petition, the applicable authorities, and the arguments of counsel, I find that a
temporary restraining order should be issued prohibiting the Board from taking any action regarding
petitioner's license for a period of two (2) weeks, to allow him sufficient time to obtain sixteen (16)
additional hours in continuing education credits so that his license can be reinstated without Board action.
Should petitioner be unable to complete the additional continuing education requirements during that time
period, the Board shall convene telephonically or by some other means to consider the Petition for Limited
Waiver currently pending before the Board.
The grant of a temporary injunction is reserved to the sound discretion of the court. Fuller-Ahrens
Partnership v. South Carolina Dept. of Highways and Public Transportation, 311 S.C. 177, 427 S.E.2d 920
(Ct.App. 1993). In addressing the issues presented, a court should consider the flexible interplay of four
factors: the possibility of irreparable harm to the plaintiff if the relief is denied, the apparent strength of the
plaintiff's case on the merits, the potential harm to defendants if the injunction is issued, and the public
interest. Furr v. Town of Swansea 594 F.Supp. 1543 (D.S.C. 1984). See also Seaboard Air Line Ry. v.
Atlantic Coast Line Ry. Co., 88 S.C. 477, 71 S.E. 39 (1911).
When a court is requested to issue a temporary injunction it may consider the merits of a case to the extent
necessary to determine whether a temporary injunction is appropriate. Roberts v. Union County Board of
School Trustees, 284 S.C. 299, 301, 326 S.E.2d 163, 164 (Ct.App.1985). Once a prima facie showing has
been made entitling the plaintiff to injunctive relief, a temporary injunction will be granted without regard to
the ultimate termination of the case on the merits. Columbia Broadcasting System, Inc. v. Custom Recording
Co., Inc., 258 S.C. 465, 471-72, 189 S.E.2d 305, 308 (1972). A temporary injunction is made without
prejudice to the rights of either party pending a hearing on the merits, and when other issues are brought to
trial, they are determined without reference to the temporary injunction. Alston v. Limehouse, 60 S.C. 559,
569, 39 S.E. 188, 191 (1901). See also Helsel v. City of North Myrtle Beach, 307 S.C. 29, 413 S.E.2d 824
(1992).
Balancing the equities here, particularly the irreparable harm to the petitioner versus the potential harm to the
public, I conclude that a temporary injunction is appropriate as set forth herein.
THEREFORE, it is ordered:
- Petitioner's request for temporary injunction is granted insofar as the Board is prohibited from taking any
action affecting, regarding or relating to petitioner's license for a period of two (2) weeks, to allow him
sufficient time to obtain sixteen (16) additional hours in continuing education credits so that his license
can be reinstated without Board action.
- Should petitioner be unable to complete the additional continuing education requirements during that time
period, the Board shall convene telephonically or by some other means to consider the Petition for Limited
Waiver currently pending before the Board.
- This temporary injunction will expire automatically at 5:00 p.m. on August 28, 2001.
IT IS SO ORDERED.
____________________________________
C. Dukes Scott
Administrative Law Judge
August 15, 2001
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