This matter is pending before the Administrative Law Court. On January 4, 2005, Motion
for Remand was filed by the Department based upon the grounds that in the appeal of Shawn
Rooks, he challenges his conviction of Refusing to Obey Orders and his subsequent loss of 17
days of good time.
A final agency decision was rendered in this case on September 29, 2004, in which the
conviction and sanction were upheld. Rooks then appealed to the ALC, and several procedural
errors were noted upon review of Rook’s appeal. The Department respectfully requests that this
matter be remanded so that the Department may overturn Rook’s conviction with an opportunity
to rehear the charge. Therefore,
IT IS HEREBY ORDERED that the Department’s Motion for Remand be granted.
AND IT IS SO ORDERED.
______________________________
RAY N. STEVENS
Administrative Law Judge
This 7th day of January, 2005
Columbia, South Carolina
