ORDERS:
		
  ORDER GRANTING MOTION TO DISMISS
            This
    matter is before the Administrative Law Court (ALC or Court) pursuant to
    Respondent’s Motion to Dismiss which was filed on April 28, 2008.  In its
    Motion, Respondent moved the ALC to dismiss this matter with prejudice for
    Petitioner’s failure to timely file her Request for a Contested Case Hearing in
    this matter, and thus failing to properly invoke the jurisdiction of the
    Court.  The Petitioner has not filed a response to the Respondent’s Motion. 
  BACKGROUND 
              Petitioner
    is a retired member of the South Carolina Retirement System (“SCRS” or
    “System”), who was retired by the Retirement Systems on a disability allowance
    on December 13, 2007, the day after she was terminated from all active
    employment under SCRS.  Petitioner, however, sought review of the Retirement
    Systems’ determination of her retirement date, contending that she should have
    had an earlier date of retirement in August 2007.  Petitioner exhausted her
    agency remedies before the Retirement Systems on her claim, and, on February 7, 2008, the Director of the Retirement Systems issued Final Agency Determination
    No. 08-003, in which she found that Petitioner’s December 13, 2007 retirement
    date had been properly determined by the Retirement Systems.  
  This
    Final Agency Determination was mailed to Petitioner on February 7, 2008, and,
    according to her request for a contested case hearing, was received by
    Petitioner on February 9, 2008.  The cover letter accompanying the Final Agency
    Determination notified Petitioner of her right to challenge the Determination
    before the Administrative Law Court; clearly explained the procedures and
    deadlines for filing a request for a contested case to make such a challenge;
    and provided Petitioner with two “Request for Contested Case Hearing” forms to
    use if she decided to request review of the Determination before the Court.  In
    particular, the letter informed Petitioner that 
  If you disagree with
    the Determination, you may, in accordance with S.C. Code Ann. § 9-21-60 (Supp. 2007), request a contested case hearing on the Determination before an
    administrative law judge by filing a Request for a Contested Case Hearing with
    the Administrative Law Court within thirty (30) consecutive calendar days after
    your receipt of this Final Agency Determination.  However, if you fail to
    respond within this time limitation, your right to appeal the Final Agency
    Determination will end. 
  The ALC received
    Petitioner’s request for a contested case hearing to challenge the
    determination on April 8, 2008. 
  DISCUSSION 
              The South Carolina
    Administrative Law Court is authorized to hear contested cases concerning
    disputes between a member of the South Carolina Retirement System and the
    Retirement Systems.  See S.C. Code Ann. §§ 1-23-600(B) (Supp. 2007), 9-21-60 (Supp. 2007).  However, for the Court to hear such a contested case, its
    jurisdiction must be properly invoked through a timely request for a contested
    case.  See Botany Bay Marina, Inc. v. Townsend, 296 S.C. 330, 372
    S.E.2d 584 (1988) (holding that a party’s failure to file an appeal of a zoning
    decision within the statutory time period divested the board of adjustment of
    jurisdiction to hear the appeal), overruled on other grounds by Woodard
    v. Westvaco Corp., 319 S.C. 240, 460 S.E.2d 392 (1995); Burnett v. S.C.
    State Highway Dep’t, 252 S.C. 568, 167 S.E.2d 571 (1969) (holding that a
    landowner’s failure to timely appeal a condemnation decision by the Highway
    Department deprived the reviewing court of jurisdiction to hear the appeal); see
    also, e.g., Schaible Oil Co. v. N.J. Dep’t of Envtl. Prot., 586 A.2d
    853, 854-55 (N.J. Super. Ct. App. Div. 1991) (“The statutory time limitation
    for requesting an adjudicatory hearing is mandatory and jurisdictional[;] . . .
    . enlargement of statutory time for appeal to a state administrative agency
    lies solely within the power of the Legislature . . . and not with the agency
    or the courts.”); Lewis v. N.C. Dep’t of Human Res., 375 S.E.2d 712, 714
    (N.C. Ct. App. 1989) (“The right to appeal to an administrative agency is
    granted by statute, and compliance with statutory provisions is necessary to
    sustain the appeal.”). 
  Pursuant to ALC
    Rule 11(C), a request for a contested case hearing to challenge a final agency
    determination “must be filed and served within thirty (30) days after actual or
    constructive notice of the agency’s determination.”  Similarly, Section 9-21-60
    of the South Carolina Retirement Systems Claims Procedures Act provides that a
    request for contested case review of a final decision by the Retirement Systems
    must be filed “within thirty calendar days after the claimant receives the
    [R]etirement [S]ystems’ final decision.”  S.C. Code Ann. § 9-21-60.  In the case at hand, Petitioner did not file a request for a contested case hearing to
    challenge the Retirement Systems’ Final Agency Determination with the Court
    within thirty days after she received—and thus had actual notice of—the
    Determination on February 9, 2008.  Rather, Petitioner did not file her request
    for a contested case to challenge the Retirement Systems’ Final Agency Determination
    until some fifty-nine days after she had received the Determination. 
  For the foregoing
    reasons, 
              IT
    IS HEREBY ORDERED that Respondent’s Motion to Dismiss is granted. 
              AND IT IS SO
    ORDERED. 
                                                                          _______________________________ 
                                                                          Honorable
    Carolyn C. Matthews 
                                                                          Administrative
    Law Judge 
  May 23, 2008 
  Columbia, South Carolina 
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