ORDERS:
ORDER GRANTING DISMISSAL FOR MOOTNESS
Grievance No. TRCI-476-00-UY
I. Introduction
South Carolina Department of Corrections (DOC) seeks to dismiss the appeal of Andrew Gordon Kelly
(Kelly) as moot. After reviewing the arguments, the motion to dismiss is granted.
II. Analysis
The issue is whether the appeal is moot. Generally, a court will not pass on moot and academic questions or
make an adjudication where there remains no actual controversy. Byrd v. Irmo High School, 321 S.C. 426,
431, 468 S.E.2d 861, 864 (1996).
Here, no controversy remains. DOC now agrees that it improperly transferred 20% of Kelly's wages to a
victim assistance program for at least seven pay periods in 1999 rather than properly transferring those
wages to a court ordered restitution account. DOC now agrees to retrieve all payments made to the victim
assistance fund and to transfer those monies to the court ordered restitution account. Accordingly, no
controversy remains for decision.
III. Order
The Motion to Dismiss is GRANTED since no controversy remains for decision.
AND IT IS SO ORDERED.
____________________________
RAY N. STEVENS
Administrative Law Judge
Dated: March 28, 2001
Columbia, South Carolina |