SC Administrative Law Court Decisions

On June 16, 2000, the South Carolina Department of Corrections (Department) filed a motion to dismiss this matter. The Department moved to dismiss the Appellant's claim under SCRCP 12(b)(1), lack of jurisdiction over the claim; SCRCP 12(b)(6), failure of Appellant to allege facts sufficient to state a claim; and Al-Shabazz v. State, 338 S.C. 354, 527 S.E.2d 742 (S.C. 2000).

The Administrative Law Judge Division's (Division) jurisdiction to hear this matter is derived entirely from the decision of the South Carolina Supreme Court in Al-Shabazz v. State, Op. No. 24995 (S.C. Sup. Ct. filed February 14, 2000) (Shearouse Adv. Sh. No. 6 at 21), 2000 WL 156547. In Al-Shabazz, the Supreme Court created a new avenue by which inmates could seek review of final decisions of the Department in "non-collateral" matters, i.e., matters in which an inmate does not challenge the validity of a conviction or sentence, by appealing those decisions to the Division and ultimately to circuit court pursuant to the Administrative Procedures Act. However, this avenue of relief applies only to

all PCR [post-conviction relief] actions filed and all administrative matters in which

Department [Department of Corrections] renders a final decision after the date of this opinion [February 14, 2000]. It also shall apply to all cases currently pending in circuit court or before this Court in which . . . Department has decided a non- collateral or administrative matter and the inmate has not had the opportunity to obtain APA review in the manner we have outlined.

Al-Shabazz at 45 (Emphasis added).

In this case, the Department rendered its final decision on June 17, 1999, and the Appellant received that decision on June 17, 1999 -- well before the Al-Shabazz case was decided. Moreover, the only indication that the Appellant appealed the Department's final decision to Circuit Court is a response from Circuit Court dated April 27, 2000, well after the time for appeal had expired. ⁽¹⁾ Accordingly, this Division does not have jurisdiction to entertain the Appellant's appeal, and this matter is hereby dismissed. ⁽²⁾

AND IT IS SO ORDERED.

_______________________________

Ralph King Anderson, III

Administrative Law Judge

August 9, 2000

Columbia, South Carolina

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 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.

1. The Appellant's Step 1 Grievance form contained the following Informal Resolution by IGC: "The alleged incident to which you refer occurred on June 17, 1999, however your Step 1 Grievance was not received until March 31, 1999 [sic]. You have violated the time limits for submitting complaints as outlined in the Grievance Procedure. This grievance is being administratively closed without a decision on its merit. In the future, submit your grievances in a timely manner."

2. The Appellant also contacted the Division via letter filed July 10, 2000, with his current address as he has been released from Lee Correctional Institute.