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 23, 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 July 17, 2000. In his response, Appellant asserts, "Instead of doing a piece meal litigation (filing in federal, then having them shoot it back to the ALJD) the appellant thinks it would be courteous on the taxpayer's dollars for this court to declare jurisdiction."

The Division only has jurisdiction over inmate appeals as a result of 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.

In this case, Appellant is appealing Respondent's final decision dated January 5, 2000, and received by Appellant on January 18, 2000. Appellant provided no evidence in his response that he had a case pending in any court on February 14, 2000. In fact, Appellant admits he chose not to file any appeal during the pendency of the final Al-Shabazz opinion. The Division, therefore, has no jurisdiction to hear this appeal.

While Appellant believes the Division should "declare jurisdiction," the Division cannot assert jurisdiction in cases where jurisdiction is lacking. See Dove v. Gold Kist, Inc., 314 S.C. 235, 442 S.E.2d 598 (1994) (A court lacking subject matter jurisdiction has no authority to act regardless of the geographical location or consent of the litigants).

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 20, 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.