ORDERS:
ORDER GRANTING MOTION FOR RECONSIDERATION
The Final Order in this matter was filed on December 14, 2000. On December 15, 2000, Respondent filed a Motion for
Reconsideration. This matter was initially remanded to the Department to conduct a new hearing based on the Department's failure
to file a transcript of the initial hearing. Attached to its motion, the Department provided the transcript and verification that the
transcript was faxed to the Administrative Law Judge Division on November 9, 2000. For whatever reason, the transcript was never
actually received by this office. However, the Department has proved that it did send the requested transcript.
It must be noted that under ALJD Rule 4C, a fax is not a proper filing. It should also be noted that when the Department received the
order dated November 15, 2000, ordering the transcript to be filed with the Division, the proper course of action would have been to
hand deliver or mail the transcript to ensure that it was filed. However, in this one instance, the Department's representation that the
transcript was faxed, together with the copy attached to its motion, is accepted in the interests of judicial economy. The Department
is cautioned against relying on facsimile transmissions in the future.
THEREFORE, IT IS HEREBY ORDERED that the Final Order filed in this matter on December 14, 2000, is vacated. This matter
will be taken under consideration on the merits.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1667
December 29, 2000
Columbia, South Carolina |
