South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Donald Watts vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Donald Watts

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
00-ALJ-04-00628-AP

APPEARANCES:
n/a
 

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


Brown Bldg.

 

 

 

 

 

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