ORDERS:
ORDER BY CONSENT
This
Case comes before the Administrative Law Court pursuant to the appeal of the
South Carolina Department of Motor Vehicles (DMV), which seeks review of the
February 23, 2006, Order arising out of a January 18, 2006 hearing. During the
hearing, counsel for both the Appellant and the Respondent jointly requested
that Administrative Hearing Officer Robert Harley remand the case to the DMV so
that the DMV’s denial of Respondent’s auction license application (the “Application”)
could be amended. Instead of granting the request for remand, AHO Harley
dismissed DMV’s appeal, stating that “DMV erroneously rejected Respondent’s
Dealer License Application and asked that this matter be dismissed.” Because
it had not asked that the case be dismissed, only that it be remanded, DMV
filed the instant appeal.
Rather
than delay review of Respondent’s application any longer, the parties have
agreed to have this matter remanded to the DMV so that DMV can amend its denial
to accurately reflect its reasons for denying said application.
THEREFORE
IT IS ORDERED that this Appeal is remanded to the Division of Motor Vehicle
Hearings;
IT
IS FURTHER ORDERED that the Division of Motor Vehicle Hearings will issue an
order further remanding the Respondent’s Application to the DMV within Twenty
(20) days of the issuance of this Order; and
IT
IS FURTHER ORDERED that upon remand to the DMV, the DMV will timely take further
action on the Application;
IT
IS SO ORDERED.
______________________________
John D. McLeod
Administrative
Law Judge
August 28, 2006
I SO CONSENT:
_______________________ ________________________
Kelli G. Maddox Donald
W. Tyler, Jr.
Assistant General Counsel Counsel
South Carolina Department of Motor Vehicles Alonzo Jackson
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