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 |