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SC Administrative Law Court Decisions

CAPTION:
Jami Khaliq, # 172330 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Jami Khaliq, # 172330

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
00-ALJ-04-00069-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL
Grievance No. PCI-0903-99

This matter is currently pending before the Administrative Law Judge Division pursuant to Appellant's Notice of Appeal filed April 25, 2000.

A party cannot appeal a ruling unless he has been substantially aggrieved by that ruling. Bivens v. Knight, 254 S.C. 10, 173 S.E.2d 150 (1970); See also S.C. Code Ann. § 1-23-380(A) (judicial review available to parties who are aggrieved by a final decision of an agency). A party who is aggrieved is one who "is injured in a legal sense; one who has suffered an injury to person or property." Bivens, 173 S.E.2d at 152, citing Parker v. Brown, 195 S.C. 35, 10 S.E.2d 625. The word "aggrieved" refers to a substantial grievance, "a denial of some personal or property right or the imposition on a party of a burden or obligation." Id.

There is no evidence that the Appellant was substantially aggrieved by the actions of the Department in this grievance. The Appellant complans about having an officer deliver his medicine rather than a nurse. Prison policy allows for the officer to deliver the medicine in the presence of a nurse if the nurse feels safety is an issue. This does not arise to the level of the Appellant's personal or property rights.

I conclude that the Appellant was not substantially aggrieved by the final decision of the Department, and the Administrative Law Judge Division has no jurisdiction over this appeal pursuant to S.C. R.C.P. 12(b)(1).

IT IS THEREFORE ORDERED that this appeal is hereby DISMISSED.







AND IT IS SO ORDERED.







___________________________________

CAROLYN C. MATTHEWS

Administrative Law Judge





August 23, 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 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 of the finding, conclusion, or decision is: (a) in violation of constitutional or statutory provisions; (b) in excess of the statutory authority of the agency; () made upon unlawful procedure; (d) affected by other error of law; (e) clearly erroneous in view of the reliable, probative and substantial evidence of the whole record; or (f) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.


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