In the above-captioned matter, Appellant challenges his April 12, 2004 disciplinary
conviction by Respondent South Carolina Department of Corrections (Department) for abusing his
privileges, for which the Department revoked thirty days of his “good-time” credit. However, upon
preparing the record for this appeal, the Department learned that the audio tape of Appellant’s
disciplinary hearing has been lost and, accordingly, that a transcript of the hearing cannot be
prepared. Therefore, by a motion for remand filed on September 27, 2004, the Department requests
that “this matter be remanded so that the Department may overturn [Appellant’s] conviction with an
opportunity to rehear the charge.” As this tribunal cannot provide an adequate review of
Appellant’s disciplinary conviction without a record of his hearing, and as conducting a new
disciplinary hearing would not appear to prejudice either party,
IT IS THEREFORE ORDERED that the Department’s Motion for Remand is
GRANTED and this matter is REMANDED to the Department for it to overturn Appellant’s
disciplinary conviction, with the opportunity to rehear the charge, if necessary.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
January 31, 2005
Columbia, South Carolina