Edwards v. South Carolina Department of Probation, 071118 SCCA, 2018-UP-313

• Opinion Judge: PER CURIAM:
• Party Name: Marquis Edwards, Appellant, v. South Carolina Department of Probation, Parole and Pardon Services, Respondent. Appellate Case No. 2017-001701
• Attorney: Marquis Edwards, pro se. Tommy Evans, Jr., of the South Carolina Department of Probation, Parole and Pardon Services, of Columbia, for Respondent.
• Judge Panel: SHORT, THOMAS, and HILL, JJ., concur.
• Case Date: July 11, 2018
• Court: South Carolina Court of Appeals

Marquis Edwards, Appellant,

v.

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

Appellate Case No. 2017-001701

No. 2018-UP-313

Court of Appeals of South Carolina

July 11, 2018

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.

Submitted June 1, 2018

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

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.

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Notes:

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

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