South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Mel Waters vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Mel Waters

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
08-ALJ-17-0117-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

Petitioner requested that the Department review a decision to have liens placed upon his properly at the Orangeburg County RMC Office. Prior to a Department Determination being entered into by the Department, Petitioner prematurely filed a Notice of Appeal with the Administrative Law Court on March 5, 2008. Therefore, this Court does not have jurisdiction over this matter. See Eagle Container Co, LLC v. County of Newberry, 336 S.C. 611, 622 S.E.2d 733 (S.C. App. 2005), holding that judicial review is generally appropriate only when an appeal is from a final agency order. Since this case was not ripe for adjudication at the time the Petitioner filed its appeal,

IT IS THEREFORE ORDERED that this case is DISMISSED without prejudice.

AND IT IS FURTHER ORDERED that the Petitioner will not incur additional filing fees for a subsequent filing of a Notice of Appeal in this matter.

AND IT IS SO ORDERED.

___________________________________

CAROLYN C. MATTHEWS

Administrative Law Judge

April 9, 2008

Columbia, South Carolina.


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