In the above-captioned matter, Appellant challenges his August 5, 2004 disciplinary
conviction by Respondent South Carolina Department of Corrections (Department) for conspiring
to smuggle marijuana into a correctional institution, for which the Department revoked 190 days of
his “good-time” credit. However, upon preparing the record for this appeal, the Department
discovered a “procedural error” in Appellant’s disciplinary proceedings. Therefore, by a motion for
remand filed on January 31, 2005, the Department requests that “this matter be remanded so that the
Department may overturn [Appellant’s] conviction with an opportunity to rehear the charge.”
Appellant did not file a response to this motion. 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, with the opportunity to rehear the charge, if necessary.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
May 5, 2005
Columbia, South Carolina
