Friday, April 18, 2014

SC Administrative Law Court Decisions

CAPTION:
SCDMV vs. Terry D. Thomason

AGENCY:
South Carolina Department of Motor Vehicles

PARTIES:
Appellant:
South Carolina Department of Motor Vehicles

Respondent:
Terry D. Thomason
 
DOCKET NUMBER:
06-ALJ-21-0543-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER

In the above-captioned matter, an Order of Dismissal was issued by this Court on August 24, 2006, as the South Carolina Department of Motor Vehicles (Department) failed to file an appellate brief pursuant to ALC Rule 37(A). (“[P]arty first noticing the appeal shall file . . . its brief within fifteen (15) days after receipt of the Record on Appeal.”). In a letter of August 31, 2006, the Department informs this Court that it has never received a copy of the requested transcript, regarding the January 9, 2006 hearing in this matter, in order to prepare the appellate brief. As such, Appellant has presented good and sufficient cause that the August 24, 2006 Order of Dismissal should be vacated.

IT IS THEREFORE ORDERED that the August 24, 2006 Order of Dismissal bearing the same caption and docket number as the instant order is hereby VACATED.

IT IS FURTHER ORDERED that the South Carolina Division of Motor Vehicle Hearings (DMVH) shall produce the transcript in the instant matter for the January 9, 2006 hearing so as to complete the “Record of Appeal” pursuant to ALC Rule 36(B), and the DMVH shall serve the January 9, 2006 transcript on the Department within thirty (30) days of this Order.

IT IS FURTHER ORDERED that the Department shall file an appellate brief with this Court within fifteen (15) days of receipt of the transcript, as is consistent with ALC Rule 37(A).

AND IT IS SO ORDERED.

______________________________

JOHN D. GEATHERS

Administrative Law Judge

April 25, 2007

Columbia, South Carolina


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