In the above-captioned matter, Appellant challenges his February 6, 2004 disciplinary
conviction by Respondent South Carolina Department of Corrections (Department) for the
possession of contraband, for which the Department revoked one hundred 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