This matter is pending before the Administrative Law Court. On January 25, 2005,
Motion for Remand was filed by the Department based upon the grounds that in the appeal of
Esau Austin, he challenges his conviction of the Level 2 Offense of Inciting/Creating a
Disturbance (814) and its accompanying sanctions. After a careful review of the file, it was
determined that the charge should have been reduced to the Level 3 Offense of Refusing or
Failing to Obey Orders (825). Accordingly the Department respectfully requests that this case
be remanded so that the Department may reissue a Step 2 after reducing Austin’s conviction,
from which Austin could appeal if unsatisfied with the Step 2 response. 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 31st day of January, 2005
Columbia, South Carolina
