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:
Summerville Surgery Center, L.P. vs. DHEC

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Summerville Surgery Center, L.P.

Respondents:
South Carolina Department of Health and Environmental Control and
Lowcountry Ambulatory Care Center, LLC

In Re: Proposed Decision to Grant Application for CoN
 
DOCKET NUMBER:
04-ALJ-07-0008-CC

APPEARANCES:
M. DAWES COOKE, JR.
ANDREA H. BRISBIN
885 Island Park Drive (29492)
P. O. Drawer H
Charleston, SC 29402

ATTORNEYS FOR PETITIONER
SUMMERVILLE SURGERY CENTER, L.P.

Nancy S. Layman
SC DHEC
2600 Bull Street
Columbia, SC 29201

ATTORNEY FOR RESPONDENT SC DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL

E. Wade Mullins, III
P.O. Box 6110
1735 St. Julian Place
Suite 200
Columbia, SC 29260-1110

ATTORNEY FOR RESPONDENT LOWCOUNTRY AMBULATORY CARE CENTER, LLC
 

ORDERS:

STIPULATION AND ORDER OF DISMISSAL

This matter comes before the Court on the motion of Petitioner Summerville Surgery Center, L.P. (“SSC”), to which Respondent South Carolina Department of Health and Environmental Control (“DHEC”) and Lowcountry Ambulatory Care Center, LLC (“LACC”) consent, for dismissal of the above-captioned consolidated matters.


Petitioner brought these consolidated matters by separate petitions filed with the Court. The first petition challenged Respondent DHEC’s November 3, 2003 proposed decision to grant LACC’s application for a Certificate of Need to construct a single-specialty ambulatory surgery center housing two operating rooms. The second petition challenged Respondent DHEC’s November 3, 2003 proposed decision to deny SSC’s application for a Certificate of Need to construct a multi-specialty ambulatory surgery center housing two operating rooms and two endoscopy rooms. After the petitions were consolidated, a hearing was set to begin on July 7, 2004.

The parties since have come to an agreement whereby Petitioner will voluntarily dismiss its petitions on certain terms and conditions as agreed to by the parties, submitted to this Court, and ordered below. Accordingly,

IT IS HEREBY ORDERED that, upon the stipulation and consent of the parties hereto, that the foregoing consolidated actions be dismissed with prejudice, each party to bear its own costs and expenses;

IT IS FURTHER ORDERED that Respondent DHEC shall accept and approve an amendment to SSC’s application for a Certificate of Need, which eliminates the two dedicated endoscopy rooms from Petitioner’s proposed surgery center without any other substantial modification to the application as reviewed by Respondent DHEC;

IT IS FURTHER ORDERED that Respondent DHEC shall, within seven (7) calendar days of the date of this Order, issue a Certificate of Need to Petitioner based on DHEC’s file regarding Petitioner’s original application and the aforementioned amendment to the application;

IT IS FURTHER ORDERED that Respondent DHEC shall, within seven (7) calendar days of the date of this Order, issue a Certificate of Need to Respondent LACC in accordance with DHEC’s November 3, 2003 proposed decision to grant LACC’s Certificate of Need application;

IT IS FURTHER ORDERED that the Certificates of Need issued in accordance with this Order shall be final and binding on the parties, and shall be considered a final agency decision for which neither staff reconsideration nor contested case proceedings were requested by any party.

AND IT IS SO ORDERED.

__________________________________________

MARVIN F. KITTRELL

Chief Administrative Law Judge


Brown Bldg.

 

 

 

 

 

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