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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDMV vs. Carolyn Caughman

AGENCY:
South Carolina Department of Motor Vehicles

PARTIES:
Petitioners:
South Carolina Department of Motor Vehicles

Respondents:
Carolyn Caughman
 
DOCKET NUMBER:
08-ALJ-30-0106-IJ

APPEARANCES:
n/a
 

ORDERS:

ORDER

On Friday, March 14, 2008, this Court heard the motion of the South Carolina Department of Motor Vehicles (DMV), pursuant to S.C. Code Ann. § 1-23-320, to compel the Appellant, Carolyn Caughman, to respond to the Subpoena issued by the Chairperson of the State Employee Grievance Committee (Committee) in the above-captioned appeal to the Committee.

Appellant initiated an action before the Committee by appealing her termination from employment at SCDMV. Pursuant to S.C. Reg. 19-718.07(D)(2), on December 17, 2007, SCDMV requested that the Committee issue a subpoena ordering Appellant to produce certain documents to the SCDMV’s counsel. The subpoena was issued by the Committee on January 8, 2008 to SCDMV as the “requesting party,” for service upon Appellant. DMV served the subpoena upon Appellant on January 9, 2008, and it was actually received by the Appellant on January 10, 2008.

The subpoena commanded Appellant to produce all of her financial records, including credit card bills and receipts, all documents related to any travel taken by Appellant and all documents related to any community or entertainment events, from July 10, 2007 to August 21, 2007. The subpoena required production of the above named documents at least five (5) days before the date of the scheduled hearing, which was initially scheduled for March 4, 2008 and later rescheduled for March 18, 2008. Appellant has not shown that any of the documents are irrelevant or that production of them would be unduly burdensome. However, as of the date of this Order, Appellant has failed to provide the subpoenaed documents. Therefore,

IT IS HEREBY ORDERED that this appeal be suspended for a period of fifteen (15) days, during which time Appellant must respond fully and completely to the subpoena Appellant received on January 10, 2008.

IT IS FURTHERMORE ORDERED that if Appellant does not respond fully and completely to the subpoena on or before Monday, March 31, 2008, as directed in this Order, her appeal will be dismissed.

AND IT IS SO ORDERED.

Ralph K. Anderson, III

Administrative Law Judge

March 14, 2008

Columbia, South Carolina


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