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
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