ORDERS:
ORDER
GRIEVANCE NO. McCI 0393-05
In
the above-captioned matter, Appellant Donald Hollabaugh appeals of the decision
of Respondent South Carolina Department of Corrections (Department) to deny his
grievance concerning notice of changes in the Department’s disciplinary
policies. 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 May 12, 2005, and July
18, 2005, respectively, and identified as grievance number McCI 0393-05,
Appellant contends that the Department should be required to provide each
inmate with a copy of any changes made to its disciplinary policies. In
response to Appellant’s grievance, the Department found that inmates at
Appellant’s institution had been properly notified of recent changes to its
disciplinary policies, as notice of the changes had been posted in conspicuous
places in the inmates’ living areas and copies of the policies were made
available to inmates in the law library. Therefore, by a final agency decision
dated August 26, 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 |
