ORDERS:
ORDER
In
the above-captioned matter, an Order of Dismissal was issued by this Court on October
16, 2006, as the South Carolina Department of Motor Vehicles (Department)
failed to file an appellate brief pursuant to ALC Rule 37(A). (“[P]arty first
noticing the appeal shall file . . . its brief within fifteen (15) days after
receipt of the Record on Appeal.”). In a letter of October 16, 2006, the
Department informs this Court that it has never received a copy of the
requested transcript, regarding the June 12, 2006 hearing in this matter, in
order to prepare the appellate brief. However, a subsequent letter of October
24, 2006, indicates that the Department received the June 12, 2006 transcript
on October 18, 2006, and therefore requests that the Court withdraw the October
16, 2006 Order of Dismissal so that it may prepare its appellate brief in this
matter. As such, Appellant has presented good and sufficient cause that the October
16, 2006 Order of Dismissal should be vacated.
IT
IS THEREFORE ORDERED that the October 16, 2006 Order of Dismissal bearing
the same caption and docket number as the instant order is hereby VACATED.
IT
IS FURTHER ORDERED that the Department shall file an appellate brief with
this Court within fifteen (15) days of this Order.
AND
IT IS SO ORDERED.
______________________________
JOHN D.
GEATHERS
Administrative
Law Judge
April 25, 2007
Columbia, South Carolina
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