PARTIES:
Appellant:
Ahmad Clarence Garland
Respondent:
Benjamin Montgomery, Deputy Director of Operations of South Carolina Department of Corrections; Geraldine D. Miro, Warden; Ann Hallman, Inmate Grievance Coordinator; S. Singleton, DHO and Lieut.; Rita Breenken, Teacher (All @ Allendale Correctional Inst.) |
ORDERS:
ORDER GRANTING MOTION TO DISMISS
Grievance No. ACI-1402-99
I. Introduction
On August 28, 2000, the South Carolina Department of Corrections (DOC) filed a Motion to Dismiss the instant case on the ground
that the Administrative Law Judge Division (ALJD) does not have jurisdiction of this dispute. Under the facts of this case, DOC's
position is correct.
II. Analysis
An ALJ may hear DOC appeals if the appeal is from a final DOC decision issued after February 14, 2000. See Al-Shabazz v. State, 338 S.C. 354, 527 S.E.2d 742 (2000). Thus, the deciding question is whether the grievance in this case is from a DOC decision issued
after February 14, 2000.
Here, the documents filed with the ALJD show that DOC issued a final decision in this matter on January 18, 2000 with the inmate
receiving the decision on February 7, 2000. Thus, the DOC decision is prior to February 14, 2000 and the administrative review
process created by Al-Shabazz v. State, supra, is not available in this case.
III Order
Accordingly, this matter is dismissed due to lack of jurisdiction.
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
Dated: September 25, 2000
Columbia, South Carolina |
