ORDERS:
ORDER OF DISMISSAL FOR FAILURE TO FILE RECORD ON APPEAL
Grievance No. LEE 342-01
I. Introduction
On December 13, 2001, the Administrative Law Judge Division (ALJD) issued an Order denying a South Carolina
Department of Corrections (DOC) Motion to Dismiss. On the same date by separate order DOC was directed to file the
Record on Appeal by January 30, 2002. No timely request for extension was filed and the Record on Appeal remains
unfiled as of the date of this order.
II. Analysis
ALJD Rule 62 provides that "an Administrative Law Judge may dismiss an appeal for failure to comply with any of the
rules of procedure for appeals, including the failure to comply with any of the time limits." A hyper-literal reading of this
rule calls for a dismissal of the appellant's appeal even when the appellant is in compliance so long as the respondent is not
in compliance. Such a meaning cannot be employed since the literal reading creates an absurd result in that a lawful party
(an inmate in compliance) will be penalized for the misdeeds of the non-complying party (DOC's failure to timely file the
Record on Appeal). See Focus on Beaufort v. Beaufort County 318 S.C.227, 456 S.E.2d 910 (1995) ("Courts will reject
a meaning when to accept it would lead to a result so plainly absurd that it could not possibly have been intended by the
legislature or would defeat the plain legislative intent.").
Moreover, not adopting a hyper-literal reading is all the more required here since, unlike the rule in the Court of Appeals
and Supreme Court, (see Windham v. Honeycutt, 290 S.C. 60, 348 S.E.2d 185 (Ct.App.1986) where the court explains that
the burden is on appellant to furnish an adequate record on appeal) the rule for appeals by an inmate is that filing the
Record on Appeal is a duty imposed on DOC. See ALJD Rule 59 and Order dated December 13, 2001. Accordingly, a
proper reading of the ALJD Rule 62 is that the ALJ may dismiss the position of the non-complying respondent as opposed
to dismissing the position established in the appellant's appeal.
III. Order
This matter is ended due to DOC's failure to comply with the time limits imposed for failing to file the Record on Appeal.
DOC shall reinstate any lost credits taken from Johnson as punishment for his refusal to participate in a compulsory
program.
AND IT IS SO ORDERED.
____________________________
RAY N. STEVENS
Administrative Law Judge
Dated: April 30, 2002
Columbia, South Carolina |
