ORDERS:
ORDER
In the above-captioned matter, an
Order of Dismissal was issued by this Court on August 24, 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 April 6, 200[7], the Department informs this Court
that it has never received a copy of the requested transcript, regarding the
March 14, 2006 hearing in this matter, in order to prepare the appellate
brief. The Department also states that it had initially requested a
reconsideration of the August 24, 2006 Order of Dismissal by a letter of August
30, 2006. However, there is no evidence of such a letter in this Court’s file
concerning the instant matter, and this reconsideration request is before this
Court for the first time. Nonetheless, there has been good cause presented that
the August 24, 2006 Order of Dismissal should be vacated.
IT IS THEREFORE ORDERED that the August 24, 2006 Order of
Dismissal bearing the same caption and docket number as the instant order is
hereby VACATED.
IT IS FURTHER ORDERED that the South Carolina Division of
Motor Vehicle Hearings (DMVH) shall produce the transcript in the instant
matter for the March 14, 2006 hearing so as to complete the “Record of Appeal”
pursuant to ALC Rule 36(B), and the DMVH shall serve the March 14, 2006
transcript on the Department within thirty (30) days of this Order.
IT IS FURTHER ORDERED that the Department shall file an
appellate brief with this Court within fifteen (15) days of receipt of the
transcript, as is consistent with ALC Rule 37(A).
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
April 11, 2007
Columbia,
South Carolina
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