ORDERS:
ORDER
Grievance No.: Lee-0008-00
An Order of Dismissal was issued in this case by the undersigned administrative law judge on September 25, 2000. This case
was dismissed because Appellant did not timely file the Notice of Appeal with the Administrative Law Judge Division
("ALJD") pursuant to ALJD Temporary ("TR") Rule 62 and Al-Shabazz v. State, 338 S.C. 354, 527 S.E.2d 742 (2000). In
Al-Shabazz v. State, 338 S.C. 354, 527 S.E.2d 742 (2000), the South Carolina Supreme Court stated:
The inmate must file and serve a notice of appeal upon specified parties within thirty days of written notice of
Department's final decision.
On October 9, 2000, Appellant filed a letter stating that the reason the Notice of Appeal was not timely filed was because he
submitted the Notice of Appeal, along with other paperwork, to be copied and the Department of Corrections ("Respondent"
or "Department") did not timely return the copies to him. Also, Appellant states that he did not timely receive copies of legal
materials that he needed to complete the Notice of Appeal.
The failure to timely file a Notice of Appeal deprives a court of appellate jurisdiction. See Dewitt v. South Carolina Dep't of
Highways & Pub. Transp., 274 S.C. 184, 262 S.E.2d 28 (1980) (a circuit court's jurisdiction over a magistrate's decision is
appellate in nature and a circuit court does not have the right to extend the time within which an appeal may be taken from
the magistrate's decision). Because the Division acts as an appellate court in inmate cases filed pursuant to Al-Shabazz v.
State, 338 S.C. 354, 527 S.E.2d 742 (2000), the Division lacks jurisdiction in cases where the inmate fails to timely file a
Notice of Appeal.
Also, it is well-established that a court does not have the authority to extend the time for taking an appeal from a decision of
an administrative agency. E.g., Mears v. Mears, 287 S.C. 168, 337 S.E.2d 206 (1985); Burnette v. S.C. State Highway
Dep't, 252 S.C. 568, 167 S.E.2d 571 (1969) (addressing an appeal from the Board of Condemnation). This tribunal
recognizes the harsh result of this decision but is constrained by the rules of this tribunal and legal precedent in this State.
IT IS THEREFORE ORDERED that Appellant's appeal is dismissed with prejudice.
AND IT IS SO ORDERED.
__________________________________
C. DUKES SCOTT
Administrative Law Judge
October 12, 2000
Columbia, South Carolina
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