ORDERS:
ORDER GRANTING DISMISSAL FOR LACK OF JURISDICTION
I. Introduction
At the conclusion of the evidence presented by the Hilton Head Plantation Property Owners Association, Inc. (Hilton
Head), Tom Donald (Donald) moved to dismiss the case on the ground that the Administrative Law Judge Division lacked
subject matter jurisdiction. The basis for the lack of jurisdiction is the assertion that the evidence establishes that Hilton
Head untimely requested a contested case. I agree and dismiss for lack of jurisdiction.
II. Analysis
A late filing of a request for an adjudication denies jurisdiction to the adjudicating body. Mears v. Mears, 287 S.C. 168,
337 S.E.2d 206 (1985); Burnett v. South Carolina State Highway Dept., 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). In this case the permit under review was granted on April 4, 2000.
For a permit issued on that date, the time period for seeking a contested case was set by Regs. 30-6:
Any person adversely affected by the Department's staff's initial permitting application decision has the right to file a
request for a contested case hearing before an administrative law judge. Notice of Request for a contested case hearing
must be filed with the Department in writing within fifteen days of notification to the applicant and other persons who
requested notification of the initial staff action
Thus, the request for the contested case was required to be filed "within fifteen days of notification." While notice was not
provided directly to Hilton Head by OCRM, Hilton Head ultimately received in October 2000 actual notice of the issuance
of the permit. However, the request for the contested case was not filed with OCRM until February 14, 2002.
Accordingly, the request was untimely and denies jurisdiction to the ALJD.
III. Order
Given the untimely request for a contested case hearing, this matter is dismissed due to a lack of jurisdiction.
AND IT IS SO ORDERED
______________________________
RAY N. STEVENS
Administrative Law Judge
Dated: August 29, 2002
Columbia, South Carolina |
