ORDERS:
ORDER OF DISMISSAL
Grievance No. PCI-0127-00
This matter is currently pending before the South Carolina Administrative Law Judge Division. On July 5, 2000, the Respondent filed
a Motion to Dismiss based on the failure of the Appellant to timely serve the Notice of Appeal on the Respondent and failure to allege
a substantial grievance.
A party cannot appeal a ruling unless he has been substantially aggrieved by that ruling. Bivens v. Knight, 254 S.C. 10, 173 S.E.2d
150 (1970); See also S.C. Code Ann. § 1-23-380(A) (judicial review available to parties who are aggrieved by a final decision of an
agency). A party who is aggrieved is one who "is injured in a legal sense; one who has suffered an injury to person or property." Bivens, 173 S.E.2d at 152, citing Parker v. Brown, 195 S.C. 35, 10 S.E.2d 625. The word "aggrieved" refers to a substantial
grievance, "a denial of some personal or property right or the imposition on a party of a burden or obligation." Id.
There is no evidence that the Appellant was substantially aggrieved by the actions of the Department in this grievance. In this matter,
Appellant complains of being placed on the medication Maxide. The record reveals that the Appellant, however, was only on the
medication for a short time and is no longer on the medication.
I conclude that the Appellant was not substantially aggrieved by the final decision of the Department, and the Administrative Law
Judge Division has no jurisdiction over this appeal pursuant to S.C. R.C.P. 12(b)(1).
IT IS THEREFORE ORDERED that the Respondent's Motion to Dismiss is granted and that this appeal is hereby DISMISSED.
AND IT IS SO ORDERED.
_____________________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
August 17, 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 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 of the finding, conclusion, or decision is: (a) in violation of constitutional or statutory
provisions; (b) in excess of the statutory authority of the agency; () made upon unlawful procedure; (d) affected by other error of law;
(e) clearly erroneous in view of the reliable, probative and substantial evidence of the whole record; or (f) arbitrary or capricious or
characterized by abuse of discretion or clearly unwarranted exercise of discretion. |