South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

Richard Mayson, #214210 vs. SCDOC

South Carolina Department of Corrections

Richard Mayson, #214210

South Carolina Department of Corrections




This matter is before the Administrative Law Judge Division ("Division") pursuant to Respondent's Motion to Dismiss filed August 28, 2000. Respondent asserts the Division does not have jurisdiction to hear this appeal because Appellant is appealing a final decision rendered prior to February 14, 2000, and there is no evidence Appellant had a case pending in circuit court on February 14, 2000. The undersigned issued an Order dated August 29, 2000, requiring the Appellant to file a response to the Motion to Dismiss within fifteen days of the date of that Order. Appellant failed to file a response as ordered.

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.

Appellant filed a Notice of Appeal on July 13, 2000. Appellant is appealing Respondent's final decision dated November 4, 1997, and received by Appellant on November 6, 1997. Appellant provided no evidence that he had a case pending in circuit court on February 14, 2000. The Division, therefore, has no jurisdiction to hear this appeal.

IT IS HEREBY ORDERED that Respondent's Motion to Dismiss is granted and this appeal is dismissed with prejudice.

IT IS FURTHER ORDERED that Appellant's Motion to Clarify is denied.




Chief Administrative Law Judge

October 20, 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.

Brown Bldg.






Copyright © 2024 South Carolina Administrative Law Court