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:
Shirley Faye Littlejohn vs. SCDHHS

AGENCY:
South Carolina Department of Health and Human Services

PARTIES:
Appellant:
Shirley Faye Littlejohn

Respondents:
South Carolina Department of Health and Human Services
 
DOCKET NUMBER:
97-ALJ-08-0359-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER

This matter is before me on a Motion to Dismiss filed July 21, 1997, by Charles M. Black, Jr., Attorney for Respondent. Respondent makes its motion on the grounds that the Administrative Law Judge Division ("ALJD") lacks jurisdiction because the appeal request filed by Appellant is not specific enough for the ALJD to review the decision of the South Carolina Department of Health and Human Services' ("HHS") pursuant to the APA and ALJD Rules.

Respondent further states that the defects in the request cannot be remedied by amendment because the time for filing an appeal of the decision of HHS has expired.

Respondent's Motion to Dismiss is denied for the following reasons: Appellant's Amended Petition for Review filed July 30, 1997, includes a general statement of the issues on appeal. According to Reporter's Note to ALJD Rule 33, the notice of appeal should include a general statement of the issues on appeal, but the statement of issues in the brief

shall be considered the final statement of the issues on appeal. Furthermore, cases involving a

pro se litigant or those without substantial knowledge and experience in administrative matters,

the administrative law judge shall make reasonable efforts to assist a party so that the hearing is fair. ALJD Rule 10.

ORDER

IT IS THEREFORE ORDERED that Respondent's Motion to Dismiss is denied and that the transcript and record in this matter must now be filed with the Administrative Law Judge Division pursuant to ALJD Rules 33 and 35. Appellant must file an original and two copies of her brief within fifteen (15) days of the filing of the transcript.

AND IT IS SO ORDERED.



_______________________________________

STEPHEN P. BATES

ADMINISTRATIVE LAW JUDGE

August 12, 1997

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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