ORDERS:
ORDER OF DISMISSAL
This matter comes before me on motion of Kelly D. H. Lowry, attorney for Respondent
South Carolina Department of Health and Environmental Control ("Department"). The Department
moves for an Order dismissing this appeal pursuant to Rule 19A, Rules of Procedure for the
Administrative Law Judge Division, and Rule 12(b)(1), SCRCP. The parties argued the motion by
teleconference held May 27, 1999. The motion is based upon the fact that the Petitioner's appeal
was not filed within the required fifteen day period to seek administrative review of the Department's
decision as provided in 25 S.C. Code Ann. Regs. 61-72 (Supp. 1998).
A threshold question in every case is whether the court has subject matter jurisdiction over
the matter in question. Issues relating to subject matter jurisdiction may be raised at anytime, cannot be waived by the parties, and may be considered by the court on its own motion. See Johnson v.
State, 319 S.C. 62, 459 S.E.2d 840 (1995). Pursuant to the Rules of Procedure for the
Administrative Law Judge Division, Rule 11, "[t]he request for a contested case hearing shall be
filed with the agency with subject matter jurisdiction within the time frame authorized by that
agency." DHEC's Procedures for Contested Cases provide as follows:
Any person may request an adjudicatory hearing by filing a Petition for
Administrative Review with the Clerk of the Board. Any such Petition must be
filed within 15 days, or other period provided by law, following actual or
constructive notice of a final staff decision on a licensing matter. . . .
25 S.C. Code Ann. Regs. 61-72.201.A (Supp. 1997).
Based upon the foregoing discussion, Respondent DHEC's motion is granted, and the case DISMISSED.
AND IT IS SO ORDERED.
Ralph King Anderson, III
Administrative Law Judge
May 28, 1999
Columbia, S.C. |
