South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Darien Reed, #92555 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Darien Reed, #92555

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
00-ALJ-04-00146-AP

APPEARANCES:
n/a
 

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 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 28, 2000. Appellant asserts that review of Respondent's final decisions has always been available under the Administrative Procedures Act. Appellant, therefore, claims the Division has jurisdiction to hear his appeal.

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). The Division, therefore, only has jurisdiction to hear non-collateral or administrative matters in post-conviction relief actions filed after February 14, 2000, 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.

Appellant filed a Notice of Appeal on April 19, 2000. Appellant is appealing Respondent's final decision dated May 11, 1999, and received by Appellant on May 20, 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.

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

AND IT IS SO ORDERED.





__________________________________

MARVIN F. KITTRELL

Chief Administrative Law Judge



August 15, 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.


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