ORDERS:
ORDER OF DISMISSAL WITHOUT PREJUDICE
This matter is before me pursuant to an appeal filed by Mark Moyers, D.C. (Appellant)
against the South Carolina Department of Labor, Licensing, and Regulation, State Board of
Chiropractic Examiners (Board). In his "Notice of Appeal and Request for Order Staying
Proceedings," the Appellant lists numerous complaints against the Board. However, it is readily
apparent that this matter is not yet ripe for appeal. Although the Board has apparently held a
contested case hearing on Appellant's case, it has not yet issued a final decision as required by S.C.
Code Ann. § 1-23-350 (1986). The appellate jurisdiction of the Administrative Law Judge Division
in matters involving professional and occupational licensing boards within the Department of Labor,
Licensing, and Regulation attaches only after a final decision is issued by the board or commission
in question. See S.C. Code Ann. § 1-23-600 (D) (Supp. 1997). Pending the issuance of a final
decision by the Board, it is appropriate for this matter to be dismissed without prejudice to
Appellant's right to refile his appeal after the Board's final decision has been issued. Accordingly,
it is hereby
ORDERED that this matter be dismissed without prejudice.
AND IT IS SO ORDERED.
___________________________
Marvin F. Kittrell
Chief Judge
Columbia, South Carolina
June 4, 1998 |
