ORDERS:
ORDER GRANTING MOTION TO DISMISS
This matter is before the Administrative Law Judge Division ("Division") pursuant to Respondent's Motion to Dismiss and
Request for Stay filed June 2, 2000. On June 15, 2000, Appellant filed a response to the Motion to Dismiss and enclosed a
copy of a Step 2 Grievance Form dated May 31, 2000. The Step 2 Grievance Form dated May 31, 2000, however, related
to Grievance Number 0123-00.
Appellant's Notice of Appeal filed with the Division on March 28, 2000, appealed Respondent's final decision of Grievance
Number 0621-99, which related to allegations that Appellant stabbed another inmate. Appellant's Step 2 Grievance Form
regarding Grievance Number 0621-99, dated November 18, 1999, was received by Appellant on November 23, 1999.
While Grievance Number 0621-99 and 01230-00 relate to the same disciplinary conviction, they are two separate
grievances, with two separate grievance numbers. An inmate must timely appeal each separate grievance by filing a Notice
of Appeal within thirty days of receiving the Respondent's final decision on the Step 2 Grievance Form. In this case, the
Step 2 Grievance Form dated May 31, 2000, regarding Grievance Number 0123-00, provided, "Because your grievance
involves custody, you may appeal this decision under the Administrative Procedures Act. In order to appeal, you must fill
out the attached Notice of Appeal Form and submit it as instructed on the form within 30 days of receipt." To timely appeal
Respondent's final decision regarding Grievance Number 0123-00, Appellant should have filed a new Notice of Appeal
within thirty days of receiving the final decision.
With respect to Grievance Number 0621-99, Respondent rendered a final decision on November 18, 1999, and Appellant
received the final decision on November 23, 1999. There is no indication that Appellant had a case pending in a circuit court
or the South Carolina Supreme Court. Because the Division only has jurisdiction to hear cases in which the Appellant had a
case pending in circuit court as of February 14, 2000, or in cases where the Respondent rendered a final decision after
February 14, 2000, the Division does not have jurisdiction to hear this appeal. See Al-Shabazz v. State, Op. No. 24995
(S.C. Sup. Ct. filed Feb. 14, 2000) (Shearouse Adv. Sh. No. 6 at 21).
IT IS THEREFORE ORDERED that this appeal is dismissed with prejudice.
AND IT IS SO ORDERED.
__________________________________
MARVIN F. KITTRELL
Chief Administrative Law Judge
July 6, 2000
Columbia, South Carolina
APPEAL RIGHTS
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. |
