ORDERS:
ORDER ON MOTION FOR RECONSIDERATION
I. Introduction
In this matter, an initial order of the Administrative Law Judge Division (ALJD.) Was issued on
January 26, 1999 and was followed by an Amended Order issued on January 27, 1999. In those
orders, the ALJ upheld the State Board of Chiropractic Examiners' (Board) decision to impose a fine
and a suspension on Mark Moyers, D.C. (Dr. Moyers). Subsequently, Dr. Moyers appealed the
decision of the ALJ to the Court of Common Pleas for Richland County. On March 3, 1999, the
ALJD received a document (albeit also submitted to the Court of Common Pleas) that appears to ask
the ALJ to reconsider the ALJ's order. The reconsideration cannot be addressed since the ALJ lack
jurisdiction.
II. Analysis
Once jurisdiction vests in an appellate court, jurisdiction is removed from the lower court. See
Bradley v. Hullander, 266 S.C. 188, 222 S.E.2d 283 (1976) ("After the notice of intention to appeal
from the order of February 8 was served, the circuit court lost jurisdiction."); cf. Hamm v. Southern
Bell, 305 S.C. 1, 406 S.E.2d 157 (1991) (when the remittitur is sent down from the Supreme Court,
the lower court acquires jurisdiction to enforce the judgment and take any action consistent with the
Supreme Court ruling).
Here, Dr. Moyers has appealed the ALJ's decision to the Court of Common Pleas, Fifth Judicial
Circuit and has obtained an active case file number. Accordingly, no jurisdiction exists in the ALJD
to consider Dr. Moyers' request.
III. Order
Dr. Moyers's request is dismissed due to lack of jurisdiction.
AND IT IS SO ORDERED
RAY N. STEVENS
Administrative Law Judge
Dated: March 5, 1999
Columbia, South Carolina |
