Edwards v. SCDPPPS

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Marquis Edwards, Appellant,

v.

South Carolina Department of Probation, Parole and
Pardon Services, Respondent.

Appellate Case No. 2017-001701

Appeal From The Administrative Law Court
Ralph King Anderson, III, Administrative Law Judge

Unpublished Opinion No. 2018-UP-313
Submitted June 1, 2018 – Filed July 11, 2018

AFFIRMED

Marquis Edwards, pro se.

Tommy Evans, Jr., of the South Carolina Department of
Probation, Parole and Pardon Services, of Columbia, for
Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: S.C. Code Ann. § 1-23-610(B) (Supp. 2017) (providing that "[t]he
court of appeals . . . may reverse or modify the decision if the substantive rights of
the petitioner have been prejudiced because the finding, conclusion, or decision"
(a) violates constitutional or statutory provisions; (b) exceeds the statutory
authority of the agency; (c) is made upon unlawful procedure; (d) is affected by
other error of law; (e) is clearly erroneous in view of the reliable, probative, and
substantial evidence on the whole record; or (f) is arbitrary or capricious or
characterized by abuse of discretion or clearly unwarranted exercise of discretion);
S.C. Code Ann. § 1-23-650(C) (Supp. 2017) ("All hearings before [the
Administrative Law Court (ALC)] must be conducted exclusively in accordance
with the rules of procedure promulgated by the court pursuant to this section.");
SCALC Rule 59 ("The notice of appeal from the final decision to be heard by the
[ALC] shall be filed with the [c]ourt and a copy served on each party, including the
agency, within thirty (30) days of receipt of the decision from which the appeal is
taken."); SCALC Rule 62 ("Upon motion of any party, or on its own motion, [the
ALC] may dismiss an appeal . . . for failure to comply with any of the rules of
procedure for appeals, including the failure to comply with any of the time limits
provided by this section . . . .").

AFFIRMED. 1

SHORT, THOMAS, and HILL, JJ., concur.

1
We decide this case without oral argument pursuant to Rule 215, SCACR.