ORDERS:
ORDER OF REMAND
This matter is before the Administrative Law Court (“ALC” or “Court”) pursuant to a notice of appeal filed on July 10, 2007 by Appellants Larry and Lillian Burns. Appellants appealed the decision by Respondent South Carolina Department of Labor, Licensing and Regulation, South Carolina Manufactured Housing Board (“Board”) on June 11, 2007, in which the Board declined to grant Appellants’ request for the Board to make payment on Appellants’ bond claim. Further, the Board declined to hold a contested case hearing regarding Appellants’ request for payment of the bond claim. Appellants’ bond claim arose before the Board after Appellants completed a transaction involving a manufactured home with Park Avenue Homes, Inc. and William Taylor but never received legal title to the manufactured home.
In their notice of appeal, Appellants questioned the Court’s jurisdiction to hear this matter on appeal because no hearing occurred below. Therefore, by Order dated August 23, 2007, the Court ordered the parties to file briefs setting forth their arguments as to the Court’s jurisdiction to hear this matter. Based upon those briefs and other supporting documentation filed by the parties, a teleconference was held on January 3, 2008 with the parties to discuss their various positions with the Court.
After careful review of the parties’ briefs and supporting documents and in consideration of the discussions during the teleconference, I find this matter must be remanded to the Board to conduct a contested case hearing in light of the requirements set forth in S.C. Code Ann. §§ 40-29-60, 40-29-230(B) (Supp. 2005) and the South Carolina Administrative Procedures Act, § 1-23-10 et. seq. This Court has no jurisdiction to entertain an appeal arising from the Board when the Board has declined to conduct a contested case hearing in the matter. Therefore,
IT IS HEREBY ORDERED that this matter is remanded to the Board to conduct a contested case hearing regarding Appellants’ bond claim filed with the Board on approximately January 20, 2006; and,
IT IS FURTHER ORDERED that this appeal is dismissed.
AND IT IS SO ORDERED.
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Marvin F. Kittrell
Chief Administrative Law Judge
January 4, 2008
Columbia, South Carolina
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