ORDERS:
ORDER OF DISMISSAL
This matter is before the South Carolina Administrative Law Judge Division pursuant to the Appellant's
Notice of Appeal filed October 6, 2000. The Respondent filed a Motion to Dismiss on November 15,
2000, stating that the Appellant did not assert a grievable offense. The Appellant did not file a response
to the Motion to Dismiss.
The Appellant's grievance concerns his request for a job reassignment. Pursuant to S.C. Code Ann. §
1-23-380, a contested case means a proceeding in which the legal rights, duties, or privileges of a party
are required by law to be determined by an agency after an opportunity for hearing. This matter is not a
contested case pursuant to the APA. Accordingly, this Division does not have jurisdiction to entertain
this appeal. It is hereby
ORDERED that this appeal is DISMISSED.
AND IT IS SO ORDERED.
__________________________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
May 8, 2001
Columbia, South Carolina
APPEAL RIGHTS
You are entitled to appeal this final order of the Administrative Law Judge Division by filing a petition
for judicial review in circuit court within thirty (30) days after receipt of this Order. S.C. Code Ann. §
1-23-610 (Supp. 1999). The petition may be filed in any circuit court as long as the chosen forum is
neither arbitrary nor unreasonable, and provided that no statute controls venue in a particular type of
case. The review of the Administrative Law Judge's order must be confined to the record. The
reviewing tribunal may affirm the decision or remand the case for further proceedings; or it may reverse
or modify the decision if the substantive rights of the petitioner have been prejudiced because of the
finding, conclusion, or decision is: (a) in violation of constitutional or statutory provisions; (b) in excess
of the statutory authority of the agency; () made upon unlawful procedure; (d) affected by other error of
law; (e) clearly erroneous in view of the reliable, probative and substantial evidence of the whole
record; or (f) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted
exercise of discretion. |