ORDERS:
ORDER OF DISMISSAL
Grievance No. Lieber-0030-00
This appeal is currently pending before the South Carolina Administrative Law Judge Division pursuant to Appellant's Notice of
Appeal filed July 27, 2000.
A party cannot appeal a ruling unless he has been substantially aggrieved by that ruling. Bivens v. Knight, 254 S.C. 10, 173 S.E.2d
150 (1970); See also S.C. Code Ann. § 1-23-380(A) (judicial review available to parties who are aggrieved by a final decision of an
agency). A party who is aggrieved is one who "is injured in a legal sense; one who has suffered an injury to person or property."
Bivens, 173 S.E.2d at 152, citing Parker v. Brown, 195 S.C. 35, 10 S.E.2d 625. The word "aggrieved" refers to a substantial
grievance, "a denial of some personal or property right or the imposition on a party of a burden or obligation." Id.
There is no evidence that the Appellant was substantially aggrieved by the actions of the Department in this grievance. Appellant
asserts that he is being persecuted because he does not comply with the prison grooming policies because of his rastafarian religion.
I conclude that the Appellant was not substantially aggrieved by the final decision of the Department, and the Administrative Law
Judge Division has no jurisdiction over this appeal pursuant to S.C. R.C.P. 12(b)(1).
IT IS THEREFORE ORDERED that this appeal is hereby DISMISSED.
AND IT IS SO ORDERED.
_____________________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
August 29, 2000
Columbia, South Carolina |