ORDERS:
ORDER OF DISMISSAL
This matter is before me pursuant to the Motion of the Respondent, South Carolina
Department of Health and Environmental Control ("DHEC"), to dismiss this matter on the
grounds that the Petitioner's request for a contested case hearing was untimely filed. No
response to the Motion to Dismiss has been filed within the proscribed time limit, as set forth
under Rule 19(a) of the Rules of Procedure for the Administrative Law Judge Division. I
conclude that the Motion to Dismiss must be granted and this case be dismissed for lack of
subject matter jurisdiction.
The Petitioner did not file her request for a contested case hearing with the Clerk of the
DHEC Board within the required thirty day period, as set forth in Section 44-7-320(B) of the
South Caroline Code of Laws Ann. (Supp. 1998). Although the Petitioner sent her request for a
contested case hearing to the correct street address within the thirty day period, she nonetheless
addressed the letter to the wrong addressee. The request for the appeal did not reach the Clerk of
the DHEC Board until January 8, 1999, well past the thirty day appeal period. Regulation 61-72
§ 301 requires that the Clerk of the Board actually receive the request in order for filing to be
effective. Subject matter jurisdiction did not vest with the Administrative Law Judge Division
because a timely request for a contested case hearing was never effectuated. Therefore, the
failure to file a request for a contested case hearing within the allowable time frame divests the
Administrative Law Judge Division of jurisdiction to hear this matter. See Botany Bay Marina v.
Townsend, 296 S.C. 330, 372 S.E.2d 584 (1988). Furthermore, this court has no authority to
expand the time in which the request for a hearing must be filed. See Mears v. Mears, 287 S.C.
168, 337 S.E.2d 206 (1985).
IT IS THEREFORE ORDERED that this case must be dismissed for lack of subject
matter jurisdiction.
AND IT IS SO ORDERED.
_________________________________
RALPH KING ANDERSON, III
ADMINISTRATIVE LAW JUDGE
February 22, 1999
Columbia, South Carolina |