South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
The Andy Thomas Show vs. SC Employment Security Commission

AGENCY:
South Carolina Employment Security Commission

PARTIES:
Petitioner:
The Andy Thomas Show

Respondent:
South Carolina Employment Security Commission
 
DOCKET NUMBER:
05-ALJ-30-0261-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

In the above-captioned matter, Petitioner The Andy Thomas Show has requested a contested case hearing before this Court to challenge a determination issued by Respondent South Carolina Employment Security Commission (Commission) on May 20, 2005, regarding whether an employer-employee relationship exists between Petitioner and certain individuals that perform various services for Petitioner in the production and broadcast of its radio program. On July 26, 2005, the Commission filed a Motion to Dismiss, in which it contends that this Court does not have jurisdiction to hear the contested case requested by Petitioner. Petitioner did not file a response to the Commission’s motion. For the reasons set forth below, the Commission’s motion to dismiss is granted.

S.C. Code Ann. §§ 41-35-610 et seq. (1986 & Supp. 2004) and 24 S.C. Code Ann. Regs. 47-36 (Supp. 2004) set forth the procedures governing the issuance and appeal of determinations of insured status by the Commission. Under those procedures, appeals of such determinations are first heard by officials within the Commission, then heard by the Commission itself, and may subsequently be appealed to circuit court. See S.C. Code Ann. §§ 41-35-700 to 41-35-750 (1986 & Supp. 2004); 24 S.C. Code Ann. Regs. 47-36. These provisions do not make any reference to the South Carolina Administrative Law Court or otherwise grant the Court any jurisdiction to hear appeals of determinations by the Commission. Further, Section 41-35-690 specifically declares that

[t]he procedure herein provided for appeals from any determination or redetermination to the appeal tribunal and for decisions thereon and for appeals therefrom, first to the Commission and thereafter to the courts, shall be the sole and exclusive procedure notwithstanding any other provision of law.

 

S.C. Code Ann. § 41-35-690 (1986) (emphasis added). Therefore, because the provisions of Article 5 of Chapter 35 of Title 41 give the Commission exclusive jurisdiction to hear administrative appeals of determinations of employment status issued by the Commission, this Court has no authority to review the determination at issue in the instant case.

Accordingly,

IT IS HEREBY ORDERED that the Commission’s Motion to Dismiss is GRANTED and this matter is DISMISSED.

AND IT IS SO ORDERED.

______________________________

JOHN D. GEATHERS

Administrative Law Judge

1205 Pendleton Street, Suite 224

Columbia, South Carolina 29201-3731

August 25, 2005

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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