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.
AND IT IS SO ORDERED.
_________________________________
Ralph King Anderson, III
Administrative Law Judge
December 15, 2003
Columbia, South Carolina |