ORDERS:
ORDER OF DISMISSAL
This matter is before the Administrative Law Judge Division ("Division") pursuant to an appeal filed by
Virginia Lyles ("Petitioner") on June 20, 2001. Petitioner is appealing the decision of the Department of
Social Services ("Department") denying Petitioner's application to be an adoptive parent. I conclude the
Division lacks subject matter jurisdiction in this matter.
In March 2000, Petitioner filed an application to be an adoptive parent with the Department. On November
13, 2000, the Department denied the application. Petitioner appealed the Department's decision to the Office
of Administrative Hearings. On April 18, 2001, a hearing was conducted by a three-member committee
pursuant to 27 S.C. Code Ann. Regs. 114-150(D)(2) (Supp. 2000). The committee consisted of Linda
LaRosa, Cecille Erwin, and Ebere Washington. On May 16, 2001, the committee issued its decision
upholding the Department's denial of Petitioner's application. The committee's decision was mailed to
Petitioner via certified mail on May 21, 2001. Petitioner appealed the committee's decision to the Division
on June 20, 2001.
As an administrative agency, the Division only has such jurisdiction as provided by statute. See Bazzle v.
Huff, 319 S.C. 443, 462 S.E.2d 273 (1995); Triska v. Dep't of Health & Envtl. Control, 292 S.C. 190, 355
S.E.2d 531 (1987). According to S.C. Code Ann. § 1-23-600 (Supp. 2000), the Division has jurisdiction in
"contested cases as defined in Section 1-23-310 involving the departments of the executive branch of
government in which a single hearing officer is authorized or permitted by law or regulation to hear and
decide such cases." In cases involving a person's appeal of the Department's decision to deny his application
to become an adoptive parent, however, Reg. 114-150(D)(2) provides that a contested case hearing must be
conducted by a three-member committee rather than a single hearing officer. This case, therefore, does not
fall within the Division's jurisdiction to hear contested cases.
Furthermore, this case does not fall within the Division's jurisdiction to hear appeals. As with contested
cases, the Division only has jurisdiction over appeals as provided by statute. See S.C. Code Ann. § 1-23-600(D) (Supp. 2000) (appeals from final decisions of contested cases before professional and occupational
licensing boards or commissions within the Department of Labor, Licensing, and Regulation); S.C. Code
Ann. § 20-7-2260 (Supp. 2000) (appeals of revocation of child welfare agency license by Department of
Social Services). There is no specific statute granting appellate jurisdiction to the Division under the facts of
this case.
S.C. Code Ann. § 1-23-380(A) (Supp. 2000) provides for judicial review upon exhaustion of administrative
remedies. According to S.C. Code Ann. Regs. 114-130(J)(2) (Supp. 2000), "[t]he determination by the
hearing committee is the final administrative determination by the Department to be afforded to the
petitioner." Pursuant to these statutes, the circuit court has appellate jurisdiction in cases involving a person's
appeal of the Department's decision to deny his application to become an adoptive parent.
IT IS HEREBY ORDERED that this case is dismissed for lack of subject matter jurisdiction.
AND IT IS SO ORDERED.
__________________________________
MARVIN F. KITTRELL
Chief Administrative Law Judge
July 11, 2001
Columbia, South Carolina |
