Converse Power Corp. v. South Carolina Department of Health & Environment Control

I vote to REVERSE. Converse Power Corporation (“Converse”) was entitled to issuance of an aquaculture permit by the Department of Health and Environmental Control (“DHEC”) under the provisions of the pre-amended Regulation 61-47.

FACTS/PROCEDURAL BACKGROUND

Converse appealed the denial of its aquaculture permit request and a contested case hearing was conducted before the Administrative Law Judge (“ALJ”) on May 12, 1998.8 At this hearing, DHEC identified as the “sole basis” for its denial of Converse’s permit was its “inability to perform an inspection” in that there was no facility for DHEC to…