ORDERS:
ORDER
The above-captioned matter is before this tribunal pursuant to S.C. Code Ann. § 40-63-30 (2001) on the motion of
Petitioner State Board of Social Work Examiners ("Board") to enjoin Respondent from further violations of the Social
Work Practice Act, S.C. Code Ann. §§ 40-63-10 et seq. (2001). Specifically, the Board seeks an order from this tribunal
compelling Respondent to comply with two subpoenas issued by the Board pursuant to S.C. Code Ann. § 40-60-100 (2001)
during its investigation of two complaints filed against Respondent. In her response to the Board's motion, Respondent did
not contest the validity of the Board's subpoenas, but did make her own motion for injunctive relief. In that motion,
Respondent seeks to enjoin the Board from continuing its investigation until such time as the Board agrees to provide
Respondent with a copy of the complaints filed against her and to allow Respondent to depose several witnesses. A
hearing of these motions was held on February 21, 2002 at the Administrative Law Judge Division in Columbia, South
Carolina.
At that hearing, the Board agreed to provide, and did provide, Respondent with copies of the complaints filed against her.
Further, Respondent agreed to comply with the Board's subpoenas by delivering copies of the requested documents to the
Board. Respondent's additional motion for an order compelling the Board to permit Respondent to depose witnesses
pursuant to S.C. Code Ann. § 1-23-320(c) (Supp. 2001) in preparation for the Board's prosecution of this matter was
denied by this tribunal on the record at the hearing for the reasons set forth in Anonymous Physician (M-170-98) v. S.C.
Dep't of Labor, Licensing & Regulation (S.C. Admin. Law Judge Div. Oct. 8, 1999) (holding that Section 1-23-320(c) only
permits depositions in contested cases where the tribunal hearing the matter has, in its discretion, granted a party the
authority to conduct depositions, i.e., depositions "by commission," or where the witnesses to be deposed may be
unavailable at the hearing, i.e., depositions "de bene esse"). (1) Therefore,
IT IS HEREBY ORDERED that the parties comply with the terms that were set forth on the record at the hearing of this
case regarding the production of documents.
IT IS FURTHER ORDERED that, as all issues raised in this matter have been fully adjudicated, this case is closed and
shall be removed from the docket of the Administrative Law Judge Division.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1667
February 25, 2002
Columbia, South Carolina
1. Here, the Board, in its discretion, has decided not to allow Respondent to take depositions and there has been no showing
that the witnesses to be deposed will be unable to appear at the Board's hearing of this matter. |
