ORDERS:
ORDER
THIS
MATTER is an appeal by the South Carolina Department of Motor Vehicles
(“Department”) from a Final Order and Decision of the South Carolina Division
of Motor Vehicle Hearings (“DMVH”). The DMVH’s Final Order and Decision was
issued following an administrative hearing held pursuant to S.C. Code Ann. §
56-10-530 (Rev. 2006). The Administrative Law Court (“ALC” or “Court”) has
jurisdiction to hear this matter pursuant to S.C. Code Ann. § 1-23-660 (Supp.
2006).
Sharon
Westfall’s (“Respondent”) license was suspended for driving an uninsured motor
vehicle. Respondent was not found at fault in any accident while uninsured and
no loss was suffered due to her lack of insurance. The Department contends that
the Order of the DMVH rescinding the suspension of respondent’s license should
be reversed.
A
review of the record reveals that the tape containing the testimony of the
administrative hearing regarding this matter was blank and no transcript of
testimony is available. Therefore, a complete and fair review is impossible. Accordingly,
with judicial economy in mind, the Order of the DMVH is SUSTAINED and
this appeal is HEREBY DISMISSED, WITH PREJUDICE.
________________________________
John D. McLeod, Judge
S.C. Administrative Law Court
September 30, 2008
Columbia, SC
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