South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Joseph W. Hiller, Sr., Registration No. 2598 vs. SCDLLR

AGENCY:
South Carolina Department of Labor, Licensing and Regulation

PARTIES:
Appellant:
Joseph W. Hiller, Sr., Registration No. 2598

Respondents:
South Carolina Department of Labor, Licensing and Regulation, State Board of Architectural Examiners
 
DOCKET NUMBER:
98-ALJ-11-0188-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER DENYING PETITION FOR REHEARING

This matter comes before me upon a Petition for Rehearing filed by Appellants. Appellants request that the January 15, 1999 Order issued by this administrative law judge in the above-captioned case be amended. The Order affirmed the March 2, 1998 Order of the State Board of Architectural Examiners suspending Appellants' respective licenses to practice architecture for a period of ninety days.

Upon review of the Petition for Rehearing, this tribunal finds it necessary to clarify one point in the January 15, 1999 Order. On page 7 of the Order, this tribunal stated that counsel failed to comply with Rule 601(c), SCACR by delaying notification of the affected tribunals of the conflict between his scheduled appearance before the Board and a federal court appearance. Subsection (c) of Rule 601 applies to the order of priority between the tribunals of this State as set forth in subsection (a); technically, it does not apply to conflicts involving federal court, as addressed in subsection (b). Subsection (b), however, requires "[c]ourts and counsel . . . to adjust schedules to accord with the spirit of comity between the state and federal courts." This requires both forums and counsel to cooperate with each other in good faith. Counsel failed to comply with this requirement.

All other issues raised in the Petition for Rehearing have been considered, and they do not warrant any modification of this tribunal's January 15, 1999 Order.

IT IS THEREFORE ORDERED that Appellants' Petition for Rehearing be denied.

AND IT IS SO ORDERED.

______________________________

ALISON RENEE LEE

Administrative Law Judge

February 2, 1999

Columbia, South Carolina


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