ORDERS:
ORDER
This matter is before the court on a Motion to
Remand made by the Respondent. Such Motion was made pursuant
to Rule 19.A of the Rules of Procedure for the Administrative
Law Judge Division and was based on the following:
1. A Motion for Continuance was granted in this
case on June 4, 1996, on the basis that new information had
just come to light which counsel for the parties had not had
an opportunity to review. The hearing on this matter was
rescheduled for July 31, 1996. To date, documentation of this
evidence has not been presented to the Respondent.
2. Pending receipt of the Petitioners'
documentation, the Respondent's Final Agency Determination
will not contain an accurate recitation of the facts of this
controversy, nor will its legal analysis have taken these
facts into consideration.
Based upon S.C. Code Ann. Section 12-60-510 (Supp.
1995) and the consent of the parties, as evidenced by their
signatures below, it is the order of this Court that this
matter be remanded to the Respondent for further factual
development. The Petitioners shall provide to the Respondent
all additional information supporting their case within thirty
(30) days of the date of this Order. The Respondent shall
then have sixty (60) days from the date of this Order to
consider the new facts and issues, and to amend its Final
Agency Determination.
The Petitioners' statutory right to request a
contested case hearing before this Court is herewith expressly
preserved.
____________________________________
Ralph King Anderson, III
Administrative Law Judge
______________________, 1996
We Consent:
____________________________
Malane S. Pike
Attorney for Respondent
__________________________
James C. Hardin, III
Attorney for the Petitioners |