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McCUMMINGS v. S.C. DEPT. OF CORRECTIONS

No. 24316.

462 S.E.2d 271 (1995)

Murray J. McCUMMINGS, Appellant, v. SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, Respondent.

Supreme Court of South Carolina.

Decided September 18, 1995.

Attorney(s) appearing for the Case

J. Scott Kozacki, Florence, for appellant.

General Counsel Larry C. Batson, Deputy General Counsel Robert E. Petersen, Byron R. Roberts, all of South Carolina Department of Corrections, Columbia, for respondent.

TOAL, Justice:

This case concerns the time limits for filing petitions for rehearing of administrative agency decisions when the agency has not set any time limits. We hold that in the absence of an agency rule specifying a time limit, parties have thirty days after a final agency decision to petition the agency for rehearing or appeal the decision to the circuit court.1

FACTS

Appellant Murray McCummings was fired from...

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