ORDERS:
ORDER OF REMAND
This
matter is before the South Carolina Administrative Law Court (“ALC”) on the
motion of the Appellant, the South Carolina Department of Motor Vehicles
(“Department”), to remand this appeal. This appeal was initiated by the
Department on July 13, 2006. However, on October 6, 2006, the Division of Motor Vehicle Hearings (“DMVH”) informed the court and the parties that the
hearing tape could not be transcribed because the tape had been recorded over.
On November 2, 2006, the court issued a Scheduling Order directing the parties
to file legal memoranda and/or motions relating to the issue of whether the
transcript is necessary to resolve this appeal. On November 20, 2006, the court received a motion from the Department to vacate the hearing officer’s
order and to remand this matter to DMVH for a new administrative hearing. The
Department asserts that the issues on appeal cannot be resolved without a
transcript.
To
date, the court has received no response from the Respondent to either the
Scheduling Order or the Department’s motion. Therefore, it is hereby
ORDERED
that the Final Order and Decision of Administrative Hearing Officer Robert F.
Harley dated May 17, 2006 is VACATED. It is further
ORDERED
that this matter is REMANDED to the DMVH for a new administrative
hearing.
IT
IS SO ORDERED.
______________________________
PAIGE J. GOSSETT
Administrative Law Judge
November 28, 2006
Columbia, South Carolina
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