South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Lee Floyd Snider, Sr. vs. SCDLLR

AGENCY:
South Carolina Department of Labor, Licensing and Regulation

PARTIES:
Appellant:
Lee Floyd Snider, Sr., Snider General Specialty Contractor, Registration No.20351

Respondents:
South Carolina Department of Labor, Licensing and Regulation, South Carolina Residential Builders Commission
 
DOCKET NUMBER:
98-ALJ-11-0394-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF REMAND

This matter comes before this tribunal pursuant to S.C. Code Ann. §§ 1-23-310 et seq., Administrative Procedures Act. Appellant appeals the Order of the Commission dated April 1, 1998, imposing sanctions on him. However, by letter dated November 12, 1998, Sharon A. Dantzler, counsel for the Department, notified this tribunal that the tape recording of the proceedings before the Commission had been destroyed. Thus, the Department cannot produce a transcript of the proceedings.

Although an appealing party has the burden of providing the appellate tribunal with a sufficient record, in this case, through no fault of his own, Appellant cannot obtain a transcript of the proceedings below. Without a sufficient record of the proceedings before the Commission, it would be impossible for this tribunal to determine the correctness of the Commission's Order. See Howle v. PYA/Monarch, Inc., 288 S.C. 586, 344 S.E.2d 157 (Ct. App. 1986). See also State v. Barbee, 280 S.C. 328, 313 S.E.2d 297 (1984) (it was clearly error for the circuit court to hear an appeal in the absence of a record filed by the magistrate).

IT IS THEREFORE ORDERED that this case is REMANDED to the Commission to conduct a new contested case hearing.

______________________________

JOHN D. GEATHERS

Administrative Law Judge

November 13, 1998

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

Copyright © 2024 South Carolina Administrative Law Court