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 11, 2000. The Respondent filed a Motion to Dismiss on November 15, 2000,
stating that the Appellant did not assert a grievable offense. The Appellant filed a Reply to the Motion to
Dismiss on November 28, 2000.
A person is only aggrieved by judgment or decree, as a requirement for a right to appeal, when judgment or
decree operates on his rights of property or bears directly upon his interest and constitutes a substantial
grievance. Burns v. Gardner, 328 S.C. 608, 493 S.E.2d 356 (S.C. Ct. App. 1996). In this case, the allegations
do not rise to the level of a substantial grievance. Accordingly, the Division does not have jurisdiction over
this appeal. It is hereby
ORDERED that this appeal is DISMISSED.
AND IT IS SO ORDERED.
__________________________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
July 23, 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. |
