ORDERS:
ORDER
This case was forwarded to the Administrative Law Judge Division (Division) by the South
Carolina Department of Insurance (DOI) by an Agency Transmittal Form dated May 22, 1996 and
received May 23, 1996. The issues raised in the case involve the revocation of a resident
insurance agent's license pursuant to S.C. Code Ann. §38-43-130 (Supp. 1995).
In the case of South Carolina Department of Insurance v. Curtis E. Grant, 96-ALJ-09-0093-CC,
decided May 21, 1996, the Division determined that it did not possess contested case jurisdiction
over this type of case. Instead, the Division determined that it only possessed appellate
jurisdiction over such matters. In making this determination, the Division analyzed the applicable
statutory provisions and concluded that the Director of DOI is the finder of fact with regard to
whether grounds exist for the revocation, suspension, or nonissuance of a resident insurance
agent's license. The Division is the body whereby a party aggrieved by a decision of the Director
may seek "judicial review."
Accordingly,
IT IS HEREBY ORDERED that this action is dismissed for lack of subject matter jurisdiction.
IT IS SO ORDERED.
MARVIN F. KITTRELL
CHIEF JUDGE
Columbia, South Carolina
May 30, 1996 |
