ORDERS:
CONSENT ORDER OF REMAND
This
matter came before the Court on Appellant Stone’s appeal of the Order of AHO
Robert F. Harley, Jr., of August 29, 2007 dismissing the case. The parties,
through counsel, have advised the Court that no one appeared at the hearing
before AHO Harley because the parties understood that the hearing would be
continued because of a conflict of the arresting officer. By error the
continuance consented to by the parties was not adequately communicated to the
Division of motor Vehicle Hearings. Despite the error, it was the intention of
the parties that the hearing be rescheduled to be heard on the merits and not
on procedural grounds. The parties have represented by counsel that their
present intent is for the matter to be heard on the merits.
Rule
68 of the Rules of Procedure for the Administrative Law Court stated that the
S.C. Rules of Civil Procedure may, where practicable, be applied in proceedings
before this Court to resolve questions not addressed by the Rules of Procedure
for the Administrative Law Court. The policy of Rule 1, SCRCP, not inconsistent
with any Rule of this Court, is to construe rules “to secure the just, speedy,
and inexpensive determination of every action.” This Court finds that it is in
the duel interests of judicial economy and substantial justice that this matter
be remanded to AHO Harley for a hearing on the merits of Appellant’s appeal.
AND
IT IS SO ORDERED.
______________________________________
JOHN D. MCLEOD
Administrative
Law Judge
December 21, 2007
Columbia, South Carolina
We Consent:
_________________ 11/03/07 ___________________
10/26/07
Gene Stockholm Philip
S. Porter
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