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 August 31,
2006, the Department informs this Court that it has never received a copy of
the requested transcript, regarding the January 9, 2006 hearing in this matter,
in order to prepare the appellate brief. As such, Appellant has presented good
and sufficient cause 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 January
9, 2006 hearing so as to complete the “Record of Appeal” pursuant to ALC Rule
36(B), and the DMVH shall serve the January 9, 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 25, 2007
Columbia, South Carolina
|
