ORDERS:
ORDER
This matter is before me pursuant to the Petitioner's Motion to Stay my Order of May 29,
1996 pending judicial review of this case by the Circuit Court. Petitioner has cited Rule 29(D) of
the Rules of Procedure for the Administrative Law Judge Division as authority for me to grant the
motion. As grounds for the motion, Petitioner asserts that the business will suffer irreparable
harm during the pendency of the appeal unless the requested stay is granted.
Petitioner's Motion to Stay my Order is denied. While ALJD Rule 29(D) provides that an
ALJ may stay a final order under appropriate terms, this rule does not serve as the only means by
which a stay of my order may be granted. Authority for ALJD Rule 29(D) is derived from S.C.
Code Ann. §1-23-380(A)(2) (Supp. 1995) and S.C. Code Ann. §1-23-630 (Supp. 1995). Section
1-23-380(A)(2) provides that "[t]he agency may grant, or the reviewing court may order, a stay
upon appropriate terms." (Emphasis added). Section 1-23-630 provides that each of the ALJs
has the same power at chambers or in open hearing as do circuit judges.
Here, an order staying my order may also be granted by the Circuit Court, the court which
would hear the appeal of the case. Because Petitioner may seek a stay of my order before the
Circuit Court, the present request for a stay is denied.
IT IS SO ORDERED.
_______________________________
Marvin F. Kittrell
Chief Judge
Columbia, South Carolina
June 24, 1996 |
