South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Andrew Gordon Kelly vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Andrew Gordon Kelly

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
00-ALJ-04-00802-AP

APPEARANCES:
n/a
 

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


Brown Bldg.

 

 

 

 

 

Copyright © 2024 South Carolina Administrative Law Court