ORDERS:
AMENDED 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 an executed settlement agreement and compliance with its terms. In
addition, the previously issued Order of Dismissal, dated May 27, 2004, is withdrawn and this
order is submitted in its place.
AND IT IS SO ORDERED.
___________________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
June 1, 2004
Columbia, South Carolina. |
