South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Howard L. and Annie H. Shaw and West End Baptist Church vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Howard L. and Annie H. Shaw and West End Baptist Church

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
96-ALJ-17-0163-CC

APPEARANCES:
n/a
 

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


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