South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOI vs. James Barry Kludge

AGENCY:
South Carolina Department of Insurance

PARTIES:
Petitioners:
South Carolina Department of Insurance

Respondents:
James Barry Kludge
 
DOCKET NUMBER:
96-ALJ-09-0257-CC

APPEARANCES:
n/a
 

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


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