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:
Kenneth Smith, #258199 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Kenneth Smith, #258199

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
00-ALJ-04-00975-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

This matter is before the South Carolina Administrative Law Judge Division pursuant to the Appellant's Notice of Appeal filed November 1, 2000. The Respondent filed a Motion to Dismiss on November 30, 2000, stating that the Appellant did not assert a grievable offense. The Appellant did not file a Reply to the Motion to Dismiss.

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.


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