South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
All About Children Learning Center, Inc. vs. South Carolina Department of Social Services

AGENCY:
South Carolina Department of Social Services

PARTIES:
Appellant:
All About Children Learning Center, Inc.

Respondent:
South Carolina Department of Social Services
 
DOCKET NUMBER:
03-ALJ-18-0226-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER FOR REMAND

This matter is before the Administrative Law Judge Division ( Division) pursuant to the appeal of All About Children Learning Center, Inc., filed with the Division on May 27, 2003. Although the final agency decision issued in this matter purportedly included Findings of Fact and Conclusions of Law as mandated by S.C. Code Ann. § 1-23-350 (1986 & Supp. 2002), those findings and conclusions do not definitively support the Respondent’s final determination to deny the Appellant’s license renewal. See Able Communications, Inc. v. South Carolina Public Service Commission, 290 S.C. 409, 351 S.E. 2d 151 (1986) (The findings of fact of an administrative body must be sufficiently detailed to enable the reviewing court to determine whether the findings are supported by the evidence and whether the law has been properly applied to those findings. Hill v. Jones, 255 S.C. 219, 178 S.E. 2d 142 (1970). Implicit findings of fact are not sufficient. Where material facts are in dispute, the administrative body must make specific, express findings of fact. Aristizabal v. Woodside-Division of Dan River, 268 S.C. 366, 234 S.E. 2d 21 (1977). No particular format is required. Airco, Inc. v. Hollington, 269 S.C. 152, 236 S.E. 2d 804 (1977). However, a recital of conflicting testimony followed by a general conclusion is patently insufficient to enable a reviewing court to address the issues.).

IT IS THEREFORE ORDERED that this appeal is REMANDED to the Department of Social Services for it to make more definitive Findings of Fact and Conclusions of Law. Footnote

AND IT IS SO ORDERED.


_________________________________

Ralph King Anderson, III

Administrative Law Judge


December 15, 2003

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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