ORDERS:
ORDER ON MOTION TO STAY
I. Introduction
Mark Moyers, D.C., (Dr. Moyers) seeks a stay of an order which upholds a suspension and a fine
imposed by the State Board of Chiropractic Examiners (Board).(1) The Motion for Stay is dismissed
as moot.
II. Analysis
In general, the filing of a petition for judicial review of a final order of an administrative law judge
does not stay the enforcement of the administrative decision. S.C. Code Ann. § 1-23-380(A)(2)
(Supp. 1997). However, the Board relies upon the language of S.C. Code Ann. § 40-9-31 (Supp.
1997) which provides that "[s]ervice of a petition for a review of the decision stays the board's
decision pending completion of the appellate process." Based upon § 40-9-31, the Board explains
that it will not seek to enforce the suspension and fine "until such time as this matter becomes final."
A case becomes moot when judgment, if rendered, will have no practical legal effect upon the
existing controversy. Dodge v. Dodge, 332 S.C. 401, 505 S.E.2d 344 (Ct. App. 1998). Accordingly,
since the Board will not seek enforcement pending review by the circuit court, no controversy exists.
III. Order
The Motion for Stay is dismissed as moot.
AND IT IS SO ORDERED
RAY N. STEVENS
Administrative Law Judge
Dated: February 2, 1999
Columbia, South Carolina
1. While the initial Order and the Amended Order were issued on January 26, 1999 and
January 27, 1999, respectively, the orders inadvertently bear the dates of January 26, 1998 and
January 27, 1998. Obviously, the proper dates for the initial Order and the Amended Order are
January 26 and January 27 of 1999 as is noted on the Certificate of Service stamp on page eight
of each Order. In an effort to allay any potential confusion, for purposes of determining any time
period related to the issuance of a final order in this case, such determination shall be made with
reference to the Amended Order and its issuance date of January 27, 1999. |
