South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Ambulatory Surgery Center of Orangeburg LLC, d/b/a The Edisto Surgery Center vs. DHEC

AGENCY:
South Carolina Department of Health and Environment Control

PARTIES:
Petitioners:
Ambulatory Surgery Center of Orangeburg LLC, d/b/a The Edisto Surgery Center

Respondents:
South Carolina Department of Health and Environment Control and The Regional Medical Center of Orangeburg and Calhoun Counties
 
DOCKET NUMBER:
02-ALJ-07-0057-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

These matters are before the Administrative Law Court as contested cases concerning the decision by South Carolina Department of Health and Environmental control (DHEC) to grant a Certificate of Need (CON) to The Regional Medical Center of Orangeburg and Calhoun Counties (TRMC) and DHEC’s proposed decision to deny the application of Ambulatory Surgery Center of Orangeburg, LLC, d/b/a The Edisto Surgery Center (ESC) for a CON. An Order to allow the intervention of TRMC in the ESC v. DHEC case, 02-ALJ-07-0542-CC, was signed by Judge Kittrell on January 30, 2003. A Motion to consolidate these cases was filed by ESC on January 10, 2003, and the cases were consolidated by order of this court dated February 7, 2003.


This matter is scheduled to be heard as a contested case hearing before the undersigned on June 7–11, 2004. On May 19, 2004, the parties entered into a settlement agreement, indicating that they had resolved this matter and wish to dismiss the consolidated actions with prejudice. Accordingly,


IT IS HEREBY ORDERED that the hearing scheduled for June 7–11, 2004 in this matter is cancelled;


IT IS FURTHER ORDERED that the consolidated actions are dismissed, with prejudice, based on the attached executed settlement agreement and compliance with its terms.


AND IT IS SO ORDERED.



___________________________________

CAROLYN C. MATTHEWS

Administrative Law Judge


May 27, 2004

Columbia, South Carolina.


Brown Bldg.

 

 

 

 

 

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