Thursday, December 18, 2014

SC Administrative Law Court Decisions

CAPTION:
SCDMV vs. Sharon Westfall

AGENCY:
South Carolina Department of Motor Vehicles

PARTIES:
Appellant:
South Carolina Department of Motor Vehicles

Respondents:
Sharon Westfall
 
DOCKET NUMBER:
08-ALJ-21-0057-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER

THIS MATTER is an appeal by the South Carolina Department of Motor Vehicles (“Department”) from a Final Order and Decision of the South Carolina Division of Motor Vehicle Hearings (“DMVH”). The DMVH’s Final Order and Decision was issued following an administrative hearing held pursuant to S.C. Code Ann. § 56-10-530 (Rev. 2006). The Administrative Law Court (“ALC” or “Court”) has jurisdiction to hear this matter pursuant to S.C. Code Ann. § 1-23-660 (Supp. 2006).

Sharon Westfall’s (“Respondent”) license was suspended for driving an uninsured motor vehicle. Respondent was not found at fault in any accident while uninsured and no loss was suffered due to her lack of insurance. The Department contends that the Order of the DMVH rescinding the suspension of respondent’s license should be reversed.

A review of the record reveals that the tape containing the testimony of the administrative hearing regarding this matter was blank and no transcript of testimony is available. Therefore, a complete and fair review is impossible. Accordingly, with judicial economy in mind, the Order of the DMVH is SUSTAINED and this appeal is HEREBY DISMISSED, WITH PREJUDICE.[1]

________________________________

John D. McLeod, Judge

S.C. Administrative Law Court

September 30, 2008

Columbia, SC



[1] This decision should not be viewed as precedent as the outcome is based on facts peculiar to this case.


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