ORDERS:
ORDER GRANTING MOTION TO DISMISS
Grievance No. Unknown
I. Introduction
South Carolina Department of Corrections (DOC) brings this motion to dismiss on the ground that Donald
Watts (Watts) failed to exhaust his administrative remedy before the DOC. I do not address the exhaustion
argument since I find the appeal must be dismissed for lack of jurisdiction.
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.
Watts filed a challenge with DOC on January 27, 2000 for an incident occurring on January 11, 2000. DOC
found the challenge was not timely. DOC notified Watts on February 8, 2000 that the challenge was not
timely and that DOC would not process the grievance. Watts did not challenge the February 8, 2000 decision
until July 14, 2000. In response, on August 16, 2000, DOC denied the grievance by notifying Watts that his
challenge would not be processed due to the untimely challenge to the initial grievance filed on January 27,
2000.
Accordingly, DOC issued a decision on February 8, 2000 that notified Watts that his grievance was denied.
That decision was not timely appealed. Thus, the February 8, 2000 decision became the DOC final decision.
Therefore, since the final decision was issued prior to February 14, 2000, Watts may not now pursue the
administrative process created by Al-Shabazz v. State, supra.
III. Order
The appeal of Donald Watts' 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 28, 2001
Columbia, South Carolina |