ORDERS:
ORDER OF DISMISSAL
After reviewing the Prehearing Statement submitted by each
party, it appears that this matter does not currently meet the
definition of a contested case under S.C. Code Ann. 1-23-310
(2) (Supp. 1995). That is, there are no apparent "legal rights,
duties, or privileges . . . required by law to be determined by
an agency after the opportunity for a hearing." S.C. Code Ann.
1-23-310(2) (Supp. 1995).
The South Carolina Constitution provides that:
No person shall be finally bound by a judicial or
quasi-judicial decision of an administrative agency affecting
private rights except on due notice and opportunity to be heard .
. . and he shall have in all such instances the right to judicial
review.
S.C. Const., Art 1, Section 22.
In the present case, no agency decision has been made which
affects petitioner's private rights. As such, this matter does
not satisfy the definition of a "contested case" as provided by
S.C. Code Ann. 1-23-310(2) (Supp. 1995). Accordingly, this
case is dismissed without prejudice, sua sponte.
AND IT IS SO ORDERED.
_______________________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1667
November 4, 1996
Columbia, South Carolina |
