ORDERS:
ORDER OF REMAND
This matter comes before the Administrative Law Court pursuant
to S.C. Code Ann. § 1-23-660(D) (Supp. 2008). Appellant South Carolina Department of Motor Vehicles appeals the Final
Order and Decision of the South Carolina Office of Motor Vehicle Hearings (“OMVH”)
dated May 11, 2007.
According to the index of the Record on Appeal, the audiotape of the OMVH’s
administrative hearing did not record clearly. Thus, no transcript of the
OMVH’s hearing is available. Without a sufficient record of the hearing before
the OMVH, it is impossible for this tribunal to properly review the Final Order
and Decision of the OMVH. See Howle v. PYA/Monarch, Inc., 288
S.C. 586, 602, 344 S.E.2d 157, 166 (Ct. App. 1986) (“Because of PYA’s and
Gregory’s failure to provide us with an adequate record of the evidence upon
which the hearing judge based his decision, we are unable to review the
correctness of the order . . .”).
IT IS THEREFORE ORDERED that this case is REMANDED to the OMVH to
conduct a new administrative hearing.
AND IT IS SO ORDERED.
______________________________
Carolyn
C. Matthews
Administrative
Law Judge
February __, 2009
Columbia, South Carolina
|
