ORDERS:
ORDER
GRIEVANCE NO. ECI 0230-04
In the above-captioned matter, Appellant Saahir Salaam appeals of the decision of Respondent South Carolina Department of Corrections (Department) to deny his grievance concerning his vaccination for hepatitis C. Based upon the record presented in this appeal, I find that the Department’s decision to deny Appellant’s grievance must be affirmed.
BACKGROUND
In Step 1 and Step 2 Inmate Grievance Forms, submitted on April 14, 2004, and June 18, 2004, respectively, and identified as grievance number ECI 0230-04, Appellant contends that, for unknown reasons, there was a three-month delay in his receipt of the third, and final, shot of the hepatitis C vaccine. In response to Appellant’s grievance, the Department found that, while there was a delay, Appellant had, in fact, received the third shot of the hepatitis C vaccine. Therefore, by a final agency decision dated August 12, 2004, the Department denied Appellant’s grievance. Appellant now appeals that denial before this Court. On appeal, Appellant acknowledges that he has received the third vaccine shot, but continues to complain of the difficulties and delays he faced prior to receiving the shot.
DISCUSSION
This appeal is before this Court pursuant to Al-Shabazz v. State, 338 S.C. 354, 527 S.E.2d 742 (2000), Sullivan v. South Carolina Department of Corrections, 355 S.C. 437, 586 S.E.2d 124 (2003), and Slezak v. South Carolina Department of Corrections, 361 S.C. 327, 605 S.E.2d 506 (2004). Having fully considered the documents filed by Appellant and the Department and having closely reviewed the record in this matter, I find that the Department’s decision to deny Appellant’s grievance was the result of a routine and good-faith exercise of the Department’s administrative responsibilities that is supported by sufficient evidence in the record. Further, there is nothing in the record to suggest that the Department’s decision was arbitrary, capricious, or the result of personal bias or prejudice. Accordingly, the Department’s decision in this matter should be affirmed.
ORDER
For the reasons set forth above,
IT IS HEREBY ORDERED that the Department’s decision to deny Appellant’s grievance is AFFIRMED.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
1205 Pendleton Street, Suite 224
Columbia, South Carolina 29201-3731
August 11, 2005
Columbia, South Carolina |