ORDERS:
ORDER GRANTING MOTION TO DISMISS
Grievance No. 226399
I. Introduction
South Carolina Department of Corrections (DOC) brings this motion to dismiss on the ground that no jurisdiction exists in the
Administrative Law Judge Division (ALJD) to hear this dispute. The argument is that the ALJD obtained jurisdiction over inmate
matters only for those DOC decisions issued after February 14, 2000, the date jurisdiction vested in the ALJD under Al-Shabazz v.
State, 338 S.C. 354, 527 S.E.2d 742 (2000). After reviewing the arguments, the Motion to Dismiss must be granted.
II. Analysis
The authority granted to an ALJ to hear an appeal from a final decision of DOC is limited to those decisions issued by DOC after
February 14, 2000. See Al-Shabazz v. State, supra. Thus, the deciding question is whether this appeal seeks to challenge a final
DOC decision issued after February 14, 2000.
Here, DOC issued decisions on December 7, 1999; January 17, 2000; and January 18, 2000. Those decisions are final decisions if
they amount to DOC having "rendered its last word on the matter." SeeHarrison v. PPG Industries, Inc., 446 U.S. 578, 586
(1980). The decision in this matter is a final decision since the Step 2 grievance forms state that DOC's response "is the Agency's
final response to this matter." Accordingly, since the DOC decision was prior to February 14, 2000, Crim may not now pursue the
administrative process created by Al-Shabazz v. State, supra.
III. Conclusion
The appeal of Alfred Crim's grievance to the ALJD cannot be addressed since the ALJD has no jurisdiction for final DOC decisions
issued prior to February 14, 2000. Accordingly, the Motion to Dismiss is granted and the case is ended.
AND IT IS SO ORDERED.
____________________________
RAY N. STEVENS
Administrative Law Judge
Dated: March 5, 2001
Columbia, South Carolina |
