ORDERS:
ORDER OF DISMISSAL
Grievance No. ACI-0484-00
I. Introduction
South Carolina Department of Corrections (DOC) brings this motion to dismiss on the ground that Ahamd C. Garland (Garland)
failed to timely file the notice of appeal. After a review of the arguments, the motion is granted.
II. Analysis
Under Al-Shabazz v. State, 338 S.C. 354, 527 S.E.2d 742 (2000), jurisdiction over inmate appeals from DOC decisions involving
certain specified non-collateral matters vests in the Administrative Law Judge Division (ALJD). Appeals must be filed within the
time limits set by ALJDTR 62 since an untimely challenge prohibits the hearing body from deciding the matter. Mears v. Mears,
287 S.C. 168, 337 S.E.2d 206 (1985); Burnett v. S.C. Highway Dep't, 252 S.C. 568, 167 S.E.2d 571 (1969); Stroup v. Duke
Power Co., 216 S.C. 79, 56 S.E.2d 745 (1949). ALJDTR Rule 62 identifies the time to challenge period as follows:
The notice of appeal from the final decision of an agency to be heard by the [Division] shall be filed with the Division and a copy
served on each party and DOC within thirty (30) days of receipt of the decision from which the appeal is taken.. . .
TR 62 (emphasis added).
The issue here is whether Garland filed within thirty days of receipt of the DOC decision.
The Step 2 Grievance form shows that Garland acknowledged receipt of the DOC decision on September 24, 2000. Given such a
receipt date, the thirty days for filing ended on October 24, 2000. Thus, with a notice of appeal in this case having been filed on
November 14, 2000, Garland's filing is fatally late.
III. Order
DOC's motion to dismiss is hereby GRANTED due to a lack of jurisdiction caused by a late filing of a notice of appeal.
AND IT IS SO ORDERED
______________________________
RAY N. STEVENS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1667
Dated: April 3, 2001
Columbia, South Carolina |
