ORDERS:
ORDER OF REMAND
In
the above-captioned matter, Appellant challenges his December 29, 2003 disciplinary
conviction by Respondent South Carolina Department of Corrections (Department) for
using cocaine and marijuana, for which the Department revoked ninety 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 May 20, 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.”
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
November 29, 2005
Columbia, South Carolina |