ORDERS:
ORDER OF REMAND
This matter comes before this tribunal pursuant to S.C. Code Ann. §§ 1-23-310 et seq.,
Administrative Procedures Act. Appellant appeals the dismissal of his case because of his failure
to appear at a fair hearing. This case is remanded to the Hearing Officer to rule on Appellant's
motion for relief from the entry of default.
Appellant Trevor T. Mathis was scheduled to appear at a fair hearing concerning the
denial of his application for Medicaid under the aged, blind, or disabled program on September
23, 1998. Appellant failed to appear at the scheduled hearing because his grandmother died on
September 18, 1998, and her funeral was held on the date of the fair hearing. Because of
Appellant's failure to appear at the fair hearing, Hearing Officer Robert E. Leonard dismissed
Appellant's appeal by order dated September 24, 1998.
By letter dated October 23, 1998, Appellant notified the Department that he failed to
appear at his fair hearing because of his grandmother's death and funeral. In a letter dated
October 27, 1998, Richard G. Hepfer, Deputy General Counsel for the Department, informed
Appellant that the Hearing Officer had indicated that he would not reopen the case. The
Department then forwarded a copy of Appellant's correspondence to the Administrative Law
Judge Division (ALJD).
While it appears that Appellant presented good cause and is entitled to relief, this matter
is not properly before the ALJD as the Hearing Officer has not officially ruled on Appellant's
motion for relief. S.C. Code Ann. § 1-23-380(A) (Supp. 1997). See Garris v. Governing Board
of S.C. Reinsurance Facility, 319 S.C. 388, 461 S.E.2d 819 (1995) (judicial review is appropriate
where there is an appeal from a final agency order and all administrative remedies have been
exhausted).
IT IS THEREFORE ORDERED that this case is REMANDED for further
consideration and findings consistent with this order.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
November 9, 1998
Columbia, South Carolina |
