In the above-captioned matter, Appellant challenges his August 21, 2001 disciplinary
conviction by Respondent South Carolina Department of Corrections (Department) for threatening
to inflict harm on a Department employee, for which the Department revoked twenty days of his
“good-time” credit among other sanctions. 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 April 20, 2005, the Department requests that “this matter be remanded so that the
Department may overturn [Appellant’s] conviction and return the good time lost as a result of the
conviction.” While Appellant has not filed a response to this motion, the remand requested by the
Department would grant Appellant the relief he seeks in this matter. Therefore,
IT IS HEREBY 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
and restore to him any good-time credit lost a result of the conviction.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
May 5, 2005
Columbia, South Carolina