ORDERS:
ORDER OF DISMISSAL
On August 15, 2000, South Carolina Department of Corrections (Department) filed a "Motion to Dismiss" this matter. The
Respondent seeks a dismissal on the grounds that the Appellant failed to serve the Respondent with the notice of appeal within thirty
(30) days of written notice of the Respondent's final decision. The Respondent seeks a dismissal under Al-Shabazz v. State, 338 S.C.
354, 527 S.E.2d 742 (2000), Rule 33 of the Administrative Law Judge Division (Division), ALJD Temporary Rule (TR) 57 (requiring
service of papers on all parties in case), SCRCP 12(b)(1) for lack of subject matter jurisdiction, and SCRCP 12(b)(5) for
insufficiency of service of process.
The Appellant responded to the Department's Motion to Dismiss with "Appellant's Waiver of Appeal" filed on August 21, 2000. In
his waiver, the Appellant set forth:
This matter is before the Administrative Law Judge Division pursuant to the Respondent's Motion to Dismiss, received August 16,
2000. The Respondents moved respectively that this matter be dismissed pursuant to Rule 12(b)(1) and (5), SCRCP, Al-Shabazz v.
State, 338 S.C. 354, 527 S.E.2d 742 (2000), ALJDTR 57, and ALJDTR 33. The Appellant waiver [sic] his right to appeal the
Agency's final decision, and right to contest the Agency's request for dismissal. Therefore, the Appellant ask [sic] that The
Honorable Ralph King Anderson, III, grant the Respondent's Motion to Dismiss.
Therefore, finding good cause, the Department's Motion to Dismiss is hereby granted.
AND IT IS SO ORDERED.
______________________________
Ralph King Anderson, III
Administrative Law Judge
September 28, 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 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. |
