ORDERS:
ORDER OF DISMISSAL
This matter is before the Administrative Law Judge Division pursuant to Appellant's Petition for Writ of
Mandamus filed on February 2, 2001. Appellant asserts he filed a Step 1 Grievance Form on September 21,
2000, and a Step 2 Grievance Form on November 2, 2000. Appellant claims he never received a response to
either grievance form. Appellant, therefore, requested the undersigned issue an order requiring the
Department to respond in writing to Appellant's Step 2 Grievance Form so that he would have a final agency
decision.
The Department filed a Response to Appellant's Petition for Writ of Mandamus, asserting the Department
had no record of any grievances filed by Appellant in the year 2000. By order dated May 30, 2001, the
undersigned required Appellant to provide copies of his Step 1 and Step 2 Grievance Forms to the
Department. Appellant complied with this order on or about June 7, 2001. By order dated June 12, 2001, the
undersigned required the Department to respond to Appellant's Step 2 Grievance Form. The Department
filed a response to Appellant's Step 2 Grievance Form on July 9, 2001.
IT IS HEREBY ORDERED that, whereas Appellant has obtained the relief requested in the Petition for
Writ of Mandamus, this matter is dismissed without prejudice. The response filed July 9, 2001, is the final
decision of the Department. Appellant's Notice of Appeal filed July 31, 2001, will be assigned as a new case
and processed by the Clerk's Office.
AND IT IS SO ORDERED.
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MARVIN F. KITTRELL
Chief Administrative Law Judge
August 27, 2001
Columbia, South Carolina |