Friday, July 25, 2014

SC Administrative Law Court Decisions

CAPTION:
SCDMV vs. Johnny Thompson

AGENCY:
South Carolina Department of Motor Vehicle

PARTIES:
Appellant:
South Carolina Department of Motor Vehicle

Respondent:
Johnny Thompson
 
DOCKET NUMBER:
06-ALJ-21-0551-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF REMAND

This matter is an appeal by the South Carolina Department of Motor Vehicles from a Final Order and Decision of the South Carolina Division of Motor Vehicle Hearings (DMVH) issued May 31, 2006. According to the Record on Appeal, DMVH Hearing Officer Tracy Holland (DHO Holland) presided at the underlying hearing. However, DMVH Hearing Officer Robert F. Harley, Jr. (DHO Harley) issued the Final Order and Decision. DHO Harley’s issuance of the Final Order and Decision in this matter violated ALC Rule 9, which provides: “Upon assignment of a case, the administrative law judge shall rule on all motions, preside at the contested case hearing, rule on the admissibility of evidence, require the parties to submit briefs when appropriate, issue orders and rulings to insure the orderly conduct of the proceedings and issue the final order.” (emphasis added). ALC Rule 9 was applicable to DMVH hearing officers pursuant to S.C. Code Ann. § 1-23-660 (Supp. 2005).

IT IS THEREFORE ORDERED that the Final Order and Decision of DHO Harley dated May 31, 2006 is VACATED and that this matter is REMANDED to DHO Holland so that she may issue a Final Order and Decision with respect to this matter.

AND IT IS SO ORDERED.

______________________________

JOHN D. GEATHERS

Administrative Law Judge

January 12, 2007

Columbia, South Carolina