ORDERS:
ORDER OF REMAND
A Request for a Contested Case hearing was received from the Petitioner on May 23,
2003. The Edgefield County Appeal Board faxed in a copy of the Memorandum of the Board on
June 4, 2003. This Memorandum stated, inter alia, “Without a quorum, the hearing was not held,
but, a decision was made granting agricultural use value to the property owner.”
Based on the materials and evidence submitted by Petitioner, Respondents, and the
County Board, the undersigned must remand this case to the County Board to conduct a hearing
in accordance with the laws of this state. As stated in the “Memorandum” from the Board, a
quorum was not present; therefore, the “decision” was void. In addition, the Assessor apparently
acknowledged in her conversation with the taxpayers that there was an untimely delay in
scheduling the requested appeal hearing. The Respondents had requested the hearing in a letter
dated November 5, 2002, yet the hearing by the Appeal Board was not held until April 28, 2003.
IT IS HEREBY ORDERED that this case is remanded to the County Board to conduct
a hearing to consider fully the facts and issues, and to allow the Parties ample opportunity to
present their case. The County Board must conduct the hearing according to the laws of this
state, within thirty (30) days of the date of this Order, and must give adequate notice to all Parties
of the hearing date.
IT IS FURTHER ORDERED that all parties may submit to the County Board any
evidence relevant to the issues of this matter.
IT IS FURTHER ORDERED that the County Board must issue its decision no later
than ten (10) days after the date of the hearing. The Parties then have thirty (30) days after the
date the County Board’s decision is mailed or delivered to request a contested case hearing.
AND IT IS SO ORDERED.
__________________________________
Carolyn C. Matthews
Administrative Law Judge
June 10, 2003
Columbia, South Carolina |
