South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Jerome Rainey #293814 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Jerome Rainey #293814

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
05-ALJ-04-00270-AP

APPEARANCES:
n/a
 

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


Brown Bldg.

 

 

 

 

 

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