Opinion
2015-UP-231
05-06-2015
Gary W. Stokes, Appellant, v. South Carolina Department of Employment and Workforce and O'Charley's, LLC, Respondents. Appellate Case No. 2014-001482
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.
UNPUBLISHED OPINION
Submitted April 1, 2015
Appeal From The Administrative Law Court John D. McLeod, Administrative Law Judge
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).
We decide this case without oral argument pursuant to Rule 215, SCACR.
THOMAS, KONDUROS, and GEATHERS, JJ., concur.