ORDERS:
ORDER OF REMAND
Grievance No. Ker-0195-00
This matter is before the Administrative Law Judge Division pursuant to the Appellant's appeal from a final decision of the
Respondent, South Carolina Department of Corrections, pursuant to Al-Shabazz v. State, 338 S.C. 354, 527 S.E.2d 742
(2000). Upon review of the record on appeal, I find that the Department's final order in this matter fails to set forth findings
which are sufficiently detailed to enable this Court to conduct a meaningful appellate review. Pursuant to the South
Carolina Supreme Court's decision in Porter v. S.C. Pub. Serv. Comm'n, 333 S.C. 12, 507 S.E.2d 328 (1998), the findings
of an administrative body must be "sufficiently detailed to enable [the reviewing body] to determine whether the findings
are supported by the evidence and whether the law has been applied properly to those findings." Id., 507 S.E.2d at 332.
Furthermore, "a recital of conflicting testimony followed by a general conclusion is patently insufficient to enable a
reviewing court to address the issues." Id., citing Able Communications, Inc. v. S.C. Pub. Serv. Comm'n, 290 S.C. 409,
351 S.E.2d 151 (1986).
IT IS HEREBY ORDERED that this matter is hereby remanded to the Department of Corrections for the issuance of a
final order containing detailed findings of fact and conclusions of law in conformance with the principles set forth herein.
IT IS FURTHER ORDERED that if the Department is unable to issue such a final order based on the record in this case,
then it shall hold another hearing in this matter and issue a final order within ninety (90) days of the date of this Order.
AND IT IS SO ORDERED.
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MARVIN F. KITTRELL
Chief Administrative Law Judge
May 17, 2002
Columbia, South Carolina |
