SC Administrative Law Court Decisions

This matter is before the Administrative Law Judge Division ("Division") pursuant to Respondent's Motion to Dismiss filed August 28, 2000. Respondent argues the Division does not have jurisdiction to hear this appeal.

Respondent rendered a final decision on May 19, 1999, and Appellant received the decision on May 19, 1999. Appellant thereafter appealed the decision to the Division. On June 16, 1999, the Division dismissed Appellant's appeal for lack of subject matter jurisdiction. As of June 16, 1999, the Division in fact did not have jurisdiction over appeals of inmate grievances. The Division only has jurisdiction over inmate appeals as a result of the South Carolina Supreme Court's opinion in Al-Shabazz v. State, 338 S.C. 354, 527 S.E.2d 742 (2000), which was filed on February 14, 2000.

On March 24, 2000, Appellant filed a Motion for Relief from Judgment and Order pursuant to Rule 60, SCRCP, asking the undersigned to vacate the order of June 16, 1999, in light of Al-Shabazz. However, because the Division did not have subject matter jurisdiction at the time that the undersigned issued the order of dismissal on June 16, 1999, Appellant's Motion for Relief from Judgment and Order should be denied.

Furthermore, according to Al-Shabazz, the Division only has jurisdiction to hear non-collateral or administrative matters in post-conviction relief actions filed, in final decisions rendered by Respondent after February 14, 2000, and in cases pending in a circuit court or the South Carolina Supreme Court on February 14, 2000, where the inmate has not had the opportunity to obtain APA review.

The Division could have jurisdiction over this particular case only if Appellant had a case pending in circuit court or in the South Carolina Supreme Court on February 14, 2000. Appellant provided no evidence that he had a case pending in any court as of February 14, 2000. The Division, therefore, lacks jurisdiction over this appeal.

IT IS HEREBY ORDERED that Respondent's Motion to Dismiss is granted and Appellant's appeal is dismissed with prejudice.

AND IT IS SO ORDERED.

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MARVIN F. KITTRELL

Chief Administrative Law Judge

September 26, 2000

Columbia, South Carolina

You are entitled to appeal this final order of the Administrative Law Judge Division by filing a petition for judicial review in circuit court and serving such petition on opposing parties within thirty (30) days after receipt of this order. S.C. Code Ann. § 1-23-610 (Supp. 1999). The petition may be filed in any circuit court as long as the chosen forum is neither arbitrary nor unreasonable, and provided that no statute controls venue in a particular type of case. The review of the administrative law judge's order must be confined to the record. The reviewing tribunal may affirm the decision or remand the case for further proceedings; or it may reverse or modify the decision if the substantive rights of the petitioner have been prejudiced because the finding, conclusion, or decision is: (a) in violation of constitutional or statutory provisions; (b) in excess of the statutory authority of the agency; (c) made upon unlawful procedure; (d) affected by other error of law; (e) clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or (f) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.