ORDERS:
ORDER OF DISMISSAL
This matter is before the Administrative Law Judge Division ("Division") pursuant to a Notice of Appeal filed by Appellant
on May 23, 2000. Appellant, who is incarcerated at Lee Correctional Institution in Bishopville, South Carolina, claims that
Respondent failed to answer Appellant's tort claim filed November 7, 1999. Appellant based his tort claim on the grounds of
cruel and unusual punishment.
The Division's jurisdiction to hear appeals from inmate grievances 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 Feb. 14, 2000) (Shearouse Adv. Sh. No. 6 at 21).
In Al-Shabazz, the Supreme Court created a new avenue by which inmates could seek review of final decisions of
Respondent 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. According to Al-Shabazz, the Division only has jurisdiction to hear post-conviction relief actions filed after
February 14, 2000, administrative matters in which Respondent renders a final decision after February 14, 2000, and all cases
in which Respondent decided a non-collateral or administrative matter which was pending in circuit court or the South
Carolina Supreme Court on February 14, 2000.
In this case, Appellant alleges he filed a tort claim against Respondent. If so, the circuit court, rather than the Division, has
jurisdiction over this claim as it falls under the Tort Claims Act. Furthermore, Appellant did not file a Step 1 or Step 2
Grievance Form, which means Respondent has not rendered a final decision regarding this particular grievance. Because
Respondent has not rendered a final decision, the Division has no jurisdiction to hear this appeal.
IT IS HEREBY ORDERED that this appeal is dismissed with prejudice.
AND IT IS SO ORDERED.
__________________________________
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. |
