SC Administrative Law Court Decisions

This matter is before the Administrative Law Judge Division ("Division") pursuant to Respondent's Motion to Dismiss and Request for Stay filed June 16, 2000. Respondent asserts the Division does not have jurisdiction to hear this appeal because Appellant is appealing a final decision rendered prior to February 14, 2000, and there is no evidence Appellant had a case pending in circuit court on February 14, 2000.

Appellant filed a response to Respondent's Motion to Dismiss on June 29, 2000. In his response, Appellant asserts that because Respondent rendered a final decision prior to February 14, 2000, Appellant was precluded from obtaining judicial review. Appellant further argues that Respondent failed to inform him in writing that he had the right to petition for judicial review.

Appellant filed a Notice of Appeal on April 14, 2000. Appellant is appealing Respondent's final decision dated May 11, 1999, and received by Appellant on May 18, 1999. Appellant provided no evidence in his response that he had a case pending in circuit court on February 14, 2000. The Division, therefore, has no 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 HEREBY ORDERED that Respondent's Motion to Dismiss is granted and this appeal is dismissed with prejudice.

AND IT IS SO ORDERED.

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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.