What’s New—Summer 2009

Chief Judge Kittrell Retires

Chief Administrative Law Judge Marvin F. “Buddy” Kittrell retired from the Administrative Law Court on June 30, 2009.  Chief Judge Kittrell had led the Court since its inception in 1994.  Judge Kittrell was also instrumental in the formation of the South Carolina Administrative and Regulatory Law Association (SCAARLA), which was founded to foster the development of administrative law and improve the administrative justice system in South Carolina.  The judges and staff of the Court wish Judge Kittrell a very happy retirement.
 
Judge Anderson Elected Chief Administrative Law Judge

On May 13, 2009, Administrative Law Judge Ralph King Anderson, III was elected Chief Judge of the Administrative Law Court by the General Assembly.  Chief Judge Anderson, who has served as an Administrative Law Judge since 1995, began his term as Chief Judge on July 1, 2009. 

Judges Durden and Robinson Elected to Administrative Law Court

The judges and staff of the Court extend their heartiest congratulations and warmest welcome to the Court’s two newest Administrative Law Judges, The Honorable Deborah Brooks Durden and The Honorable Shirley Robinson.  Judge Durden was formerly Assistant Chief Counsel at the South Carolina Department of Transportation.  She was elected on February 11, 2009, to fill the unexpired term of Judge John D. Geathers, which was left vacant upon Judge Geathers’ election to the South Carolina Court of Appeals. Judge Robinson formerly served as Senior Hearing Advisor to the professional and occupational licensing boards at the South Carolina Department of Labor, Licensing and Regulation.  She was elected on May 13, 2009, to fill the seat left vacant upon the departure of Judge Paige J. Gossett, who was appointed a United States Magistrate for the District of South Carolina. 

Amendments to ALC Rules of Procedure

The ALC Rules of Procedure were amended effective April 30, 2009.  Pursuant to the amendments to Rules 11, 33, and 59, all requests for a contested case hearing or notices of appeal must be accompanied by a certificate of service.  For a certificate of service form, click here.  Filings which do not contain all information required by the Rules will not be assigned to an administrative law judge until all the required information is received.  Also, Rule 25(D), which provided for the use of prepared statements and exhibits in lieu of direct testimony, has been repealed.  Finally, Rule 29(D) has been amended to provide that motions for reconsideration are no longer subject to the grounds for relief in Rule 60(B), SCRCP, but are now subject to the standards of Rule 59, SCRCP, and Rule 40 has been amended to allow for motions for rehearing in appellate cases (other than inmate appeals) in the discretion of the presiding judge.  For a copy of the amended Rules of Procedure, click here.

New Faces at the ALC

Robin Coleman is now working at the Administrative Law Court as Judicial Research Aide to Administrative Law Judge Deborah Brooks Durden.  Robin was formerly employed at the South Carolina Department of Transportation.

Recent Cases of Interest

Supreme Court

Brownlee v. DHEC, Op. No. 26620 (S.C. Sup. Ct. filed March 30, 2009).  

Home Medical Systems v. SCDOR, Op. No. 26638 (S.C. Sup. Ct. filed April 20, 2009).

Taylor v. SCDMV, Op. No. 26637 (S.C. Sup. Ct. filed April 20, 2009). 

Osman v. LLR, State Board of Medical Examiners, Op. No. 26641 (S.C. Sup. Ct. filed April 27, 2009).

Lexington Law Firm v. S.C. Dept. of Consumer Affairs, Op. No. 26648 (S.C. Sup. Ct. filed May 12, 2009).

S.C. Dept. of Revenue v. Anonymous Co. A and Anonymous Co. B, Op. No. 26661 (S.C. Sup. Ct. filed June 1, 2009).

Major v. S.C. Dept. of Probation, Parole and Pardon Services, Op. No. 26672 (S.C. Sup. Ct. filed June 15, 2009).

Court of Appeals

Oakwood Landfill, Inc. v. DHEC, Op. No. 4485 (S.C. Ct. App. filed January 12, 2009).

SCDMV v. Holtzclaw, Op. No. 4505 (S.C. Ct. App. filed February 19, 2009).

Young v. DHEC, Op. No. 4555 (S.C. Ct. App. filed June 4, 2009).

Jones v. DHEC, Op. No. 4583 (S.C. Ct. App. filed July 7, 2009).