ORDERS:
ORDER
This matter was originally before the Administrative Law Judge Division pursuant to the
appeal of Irvin McKenzie (“Appellant”), an inmate incarcerated with the Department of Corrections
(“Department”). In his appeal, Appellant alleges that the Department failed to properly calculate his
sentence to include computation of time he served prior to sentencing. On January 15, 2003, this
case was remanded to the Department with instructions that the Department issue a final order
containing detailed findings of fact and conclusions of law regarding Appellant’s grievance. On
March 20, 2003, Appellant filed a Motion for Entry of Default on the basis that the Department had
failed to respond to the Order of Remand. This tribunal issued an Order dated March 24, 2003,
which ordered the Department to issue a final order on or before June 24, 2003, containing detailed
findings of fact and conclusions of law in accordance with the January 15, 2003 Order of Remand.
This matter is now before the Division pursuant to Appellant’s Motion for Entry of Default,
filed and served on the Department on June 25, 2003.
In his Motion, Appellant states that the
Department failed to issue a final order as required by the Order of March 24, 2003, and asks that
this tribunal grant the relief sought in the appeal. As of the date of this Order, no response to
Appellant’s Motion has been received, nor has the Division received any other communication from
the Department regarding the issuance of a final order in this case.
The Department has been given ample opportunity to issue a final order in this matter setting
forth detailed findings of fact and conclusions of law. Without a proper final order, this case cannot
proceed, as this tribunal cannot conduct an appellate review. Although I recognize that the
Department is not required to file its final order with this tribunal, Appellant’s Motion is pending
before this tribunal, and without a response from the Department stating otherwise, this tribunal takes
as true Appellant’s assertion that the Department has failed to comply with this tribunal’s prior order
requiring it to issue a final order on or before June 24, 2003.
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.”). 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.
Because it is imperative that all parties to appeals abide by the time frames set forth in the
Administrative Law Judge Division’s Rules and Orders,
I am constrained to find the Department
is in default and that the relief requested by the Appellant must be granted.
IT IS THEREFORE ORDERED that the action of the Department in the instant case is
reversed and that the Department shall calculate Appellant’s sentence in the manner sought by
Appellant in his appeal, to include computation of all time Appellant served prior to sentencing.
IT IS FURTHER ORDERED that this Order is stayed for twenty-one (21) days pursuant
to S.C. Code Ann. § 1-23-380(A)(2) (Supp. 2002).
AND IT IS SO ORDERED.
____________________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
July 18, 2003
Columbia, South Carolina |