ORDERS:
ORDER
Petitioner Converse Power Corporation seeks mandamus to compel Respondent Department
of Health and Environmental Control (DHEC) to render a final agency decision concerning its
application filed May 30, 1997 and amended July 31, 1997 for an aquaculture permit pursuant to
S.C. Code Regs. 61-47.0.
Through its letter of August 25, 1997, DHEC advised Petitioner that its application lacked
certain information required by agency regulations and could not be processed. The Petitioner
challenged DHEC's assertion that its application was deficient in its letter of August 30, 1997. Upon
receipt of Petitioner's letter of August 30, 1997, Respondent DHEC forwarded the letter to its legal
department. As a result, the DHEC Shellfish Sanitation Program has not responded to Petitioner's
letter of August 30, 1997.
DHEC has done nothing since receipt of the August 30, 1997 letter from Petitioner. In
addition, Petitioner has not attempted to contact DHEC to determine the status of the application,
preferring to file a petition for mandamus. Petitioner simply seeks some response from DHEC about
the application. After Petitioner's letter of August 30, 1997, over a month passed with no action.
Instead of filing a petition for a mandamus, Petitioner should pursue alternatives other than litigation,
such as a phone call. The Department should respond to Petitioner's letter. No matter what action
is taken by the Department, Petitioner should be informed. Even if the Department determines it will
not process the application or that no further action is warranted then it should so inform Petitioner.
Although Petitioner's request for mandamus does not meet the legal requirements, equity
dictates that a resolution of this matter is warranted. In the future both parties should be mindful of
the resources required to file documents and conduct a hearing for a matter that could have been
addressed by a telephone call or a letter.
Therefore, the Respondent DHEC is hereby ordered to respond to Petitioner Converse
Power's letter of August, 30, 1997.
AND IT IS SO ORDERED.
___________________________
ALISON RENEE LEE
Administrative Law Judge
November 14, 1997.
Columbia, South Carolina. |
