ORDERS:
ORDER GRANTING RESPONDENTS MOTION FOR REMAND
Grievance No. LCI 9118-04
This matter is pending
before the Administrative Law Court. On April 11, 2005, Motion for Remand was
filed by the Department based upon the grounds that in the appeal of Duane
Batie, he challenges his conviction of Threatening to Inflict Harm on an
Employee and/or Members of the Public (809) and his subsequent loss of 18 days
of good time.
A final agency
decision was rendered in this case on January 17, 2005, in which the conviction
and sanction were upheld. Batie then appealed to the ALC, and a procedural
error was noted upon review of Batie’s appeal. Batie should have been
represented by counsel substitute at his disciplinary hearing. Thus, the
Department respectfully requests that this matter be remanded so that the Department
may overturn Batie’s conviction with an opportunity to rehear the charge.
Therefore,
IT IS HEREBY
ORDERED that the Department’s Motion for Remand be granted.
AND IT IS SO ORDERED.
______________________________
RAY N. STEVENS
Administrative
Law Judge
This 13th day of April,
2005
Columbia, South Carolina |