ORDERS:
DENIAL OF REQUEST TO REOPEN
Grievance No. RCI-0106-00
I. Introduction
An order of February 5, 2001 dismissed this matter for lack of jurisdiction since Augusta Harfield (Harfield)
failed to serve the South Carolina Department of Corrections (DOC) with the Notice of Appeal. Harfield
seeks to reopen alleging that he complied with the service requirement.
II. Analysis
No ALJD Rule related to Al-Shabazz, v. State, 338 S.C. 354, 527 S.E.2d 742 provides for the reopening of
a decided case. However, an ALJ "has the power and duty to decide all issues necessary to the
determination of its own jurisdiction" See State v. Keenan, 278 S.C. 361, 296 S.E.2d 676 (1982).
In deciding jurisdiction, "[i]t is generally true that the plaintiff in an action bears the burden of proving
jurisdiction when the defendant challenges it." Eldridge v. City of Greenwood, 331 S.C. 398, 503 S.E.2d
191 (Ct. App. 1998). Here, DOC successfully challenged subject matter jurisdiction. See Order of
Dismissal, February 5, 2001. Other than a mere assertion of proper service, Harfield has presented no
persuasive evidence establishing that service was properly made.
III. Order
The request to reopen is denied.
AND IT IS SO ORDERED
______________________________
RAY N. STEVENS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1667
Dated: March 12, 2001
Columbia, South Carolina |
