South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Arthur Moseley, #199398 vs. DOT

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Arthur Moseley, #199398

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
04-ALJ-04-00230-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF REMAND

This matter is before the Administrative Law Judge Court (“Court”) pursuant to the appeal of Arthur Moseley, an inmate incarcerated with the Department of Corrections (“Department”). On May 25, 2004, Moseley filed a grievance challenging his November 2, 2003 conviction of Use or Possession of Narcotics, Marijuana or Unauthorized Drugs (1.10). Moseley received the Department’s final decision on May 3, 2004. Moseley filed his appeal with the Court on May 25, 2004.

On July 19, 2004, the Department filed a Motion for Remand, stating that during its review and investigation of Moseley’s claim it discovered that the hearing officer indicated that Moseley would lose 80 days good time, not 90 as required by the Department’s Drug Matrix. In order that Moseley’s Step 2 be reissued with a correct explanation of the adjustment of time, the Department requested that the case be remanded so that the Step 2 explanation can be reissued. Accordingly,

IT IS HEREBY ORDERED that this matter is remanded to the Department with instructions that the Department can reissue the Step 2 grievance in this matter.

AND IT IS SO ORDERED.

_________________________________________

CAROLYN C. MATTHEWS

ADMINISTRATIVE LAW JUDGE

August 9, 2004

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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