SC Administrative Law Court Decisions

This matter is before the Administrative Law Judge Division ("Division") pursuant to Appellant's Notice of Appeal filed June 28, 2000. Appellant is appealing Respondent's final decision rendered February 3, 2000, and received by Appellant on February 15, 2000.

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.

In this case, Respondent rendered its final decision before February 14, 2000. Because Appellant did not receive the decision until February 15, 2000, he did not have an appeal of the decision pending in the circuit court or the South Carolina Supreme Court on February 14, 2000. Furthermore, any appeal to the Division of Respondent's decision in this case must have been made on or before March 16, 2000. Appellant did not file an appeal with the Division until June 28, 2000. The Division, therefore, does not have jurisdiction to hear this appeal.

IT IS HEREBY ORDERED that this appeal is dismissed with prejudice.

AND IT IS SO ORDERED.

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MARVIN F. KITTRELL

Chief Administrative Law Judge

August 10, 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 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.