ORDERS:
ORDER OF DISMISSAL
Grievance No.: Lee-0008-00
This matter is before the Administrative Law Judge Division ("Division") pursuant to Appellant's Notice of Appeal filed September
14, 2000. The undersigned takes notice that the Notice of Appeal was not timely filed with the Division.
According to ALJD Temporary Rule 62, the Notice of Appeal must be filed with the Division within thirty days of receipt of the
decision from which the appeal is taken. In this case, Appellant received the final decision on July 19, 2000. The Notice of Appeal,
therefore, was due on or before August 18, 2000. ALJD Temporary Rule 65 provides "an Administrative Law Judge may dismiss an
appeal for failure to comply with any of the rules of procedure for appeals, including the failure to comply with any of the time limits
provided by this section." Pursuant to this rule, the undersigned can dismiss this case for failure to timely file a Notice of Appeal as
required by ALJD Temporary Rule 62.
Furthermore, 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. As a
result, the Division finds sua sponte that it lacks jurisdiction in this case.
IT IS HEREBY ORDERED that Appellant's appeal is dismissed with prejudice.
AND IT IS SO ORDERED.
__________________________________
C. DUKES SCOTT
Administrative Law Judge
September 25, 2000
Columbia, South Carolina |
