Stokes v. SCDEW

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
Gary W. Stokes, Appellant,
v.
South Carolina Department of Employment and
Workforce and O'Charley's, LLC, Respondents.
Appellate Case No. 2014-001482
Appeal From The Administrative Law Court
John D. McLeod, Administrative Law Judge
Unpublished Opinion No. 2015-UP-231
Submitted April 1, 2015 – Filed May 6, 2015
AFFIRMED
Everett H. Garner, of Holler, Garner, Corbett, Ormond,
Plante & Dunn, of Columbia, for Appellant.
Derrick K. McFarland, of the South Carolina Department
of Employment and Workforce, of Columbia, for
Respondents.
PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: Stubbs v. S.C. Dep't of Emp't & Workforce, 407 S.C. 288, 292, 755
S.E.2d 114, 116 (Ct. App. 2014) (explaining the Administrative Law Court (ALC)
sits in its appellate capacity when hearing an appeal from a decision of the South
Carolina Department of Employment and Workforce); Atl. Coast Builders &
Contractors, LLC v. Lewis, 398 S.C. 323, 329, 730 S.E.2d 282, 285 (2012) (stating
an appellate court may find an issue unpreserved even though the parties
themselves do not argue issue preservation); Home Med. Sys., Inc. v. S.C. Dep't of
Revenue, 382 S.C. 556, 562, 677 S.E.2d 582, 586 (2009) (stating issue preservation
rules apply in administrative appeals); id. at 562-63, 677 S.E.2d at 586 (holding
that if the ALC does not rule on an issue in its final order, a party must file a Rule
59(e), SCRCP, motion requesting a ruling to preserve the issue for this court's
review); Risher v. S.C. Dep't of Health & Envtl. Control, 393 S.C. 198, 207-08,
712 S.E.2d 428, 433 (2011) (holding this court cannot address the merits of an
issue not ruled upon by the ALC); Young v. S.C. Dep't of Health & Envtl. Control,
383 S.C. 452, 458, 680 S.E.2d 784, 787 (Ct. App. 2009) (recognizing the ALC
generally cannot consider an issue not raised to and ruled upon by the
administrative agency from which an appeal is taken); Carson v. S.C. Dep't of
Natural Res., 371 S.C. 114, 120-21, 638 S.E.2d 45, 48 (2002) (holding due process
claims not raised to the administrative agency were not preserved for judicial
review).
AFFIRMED.1
THOMAS, KONDUROS, and GEATHERS, JJ., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.