South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Troy Burks #160726 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Troy Burks #160726

vs.

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
05-ALJ-04-00639-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER
GRIEVANCE NO. McCI 0327-05

In the above-captioned matter, Appellant Troy Burks appeals of the decision of Respondent South Carolina Department of Corrections (Department) to deny his grievance concerning the processing of his grievances. 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 27, 2005, and June 1, 2005, respectively, and identified as grievance number McCI 0327-05, Appellant contends that grievance officials at the McCormick Correctional Institution failed to comply with the Department’s internal timelines for the processing of inmate grievances. In response to Appellant’s grievance, the Department conceded that there had been delays in its response to some of Appellant’s grievances, but further concluded that grievance officials at McCormick were “doing their utmost to respond as quickly as their investigations are complete.” Therefore, by a final agency decision dated July 21, 2005, the Department denied Appellant’s grievance. Appellant now appeals that denial before this Court.

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

June 20, 2006

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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