Wednesday, September 17, 2014

SC Administrative Law Court Decisions

CAPTION:
SCDMV vs. Alonzo Jackson, d/b/a Dealer Auctions, Inc.

AGENCY:
South Carolina Department of Motor Vehicles

PARTIES:
Appellant:
South Carolina Department of Motor Vehicles

Respondents:
Alonzo Jackson, d/b/a Dealer Auctions, Inc.
 
DOCKET NUMBER:
06-ALJ-21-0419-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER BY CONSENT

This Case comes before the Administrative Law Court pursuant to the appeal of the South Carolina Department of Motor Vehicles (DMV), which seeks review of the February 23, 2006, Order arising out of a January 18, 2006 hearing. During the hearing, counsel for both the Appellant and the Respondent jointly requested that Administrative Hearing Officer Robert Harley remand the case to the DMV so that the DMV’s denial of Respondent’s auction license application (the “Application”) could be amended. Instead of granting the request for remand, AHO Harley dismissed DMV’s appeal, stating that “DMV erroneously rejected Respondent’s Dealer License Application and asked that this matter be dismissed.” Because it had not asked that the case be dismissed, only that it be remanded, DMV filed the instant appeal.

Rather than delay review of Respondent’s application any longer, the parties have agreed to have this matter remanded to the DMV so that DMV can amend its denial to accurately reflect its reasons for denying said application.

THEREFORE IT IS ORDERED that this Appeal is remanded to the Division of Motor Vehicle Hearings;

IT IS FURTHER ORDERED that the Division of Motor Vehicle Hearings will issue an order further remanding the Respondent’s Application to the DMV within Twenty (20) days of the issuance of this Order; and

IT IS FURTHER ORDERED that upon remand to the DMV, the DMV will timely take further action on the Application;

IT IS SO ORDERED.

______________________________

John D. McLeod

Administrative Law Judge

August 28, 2006

I SO CONSENT:

_______________________ ________________________

Kelli G. Maddox Donald W. Tyler, Jr.

Assistant General Counsel Counsel

South Carolina Department of Motor Vehicles Alonzo Jackson d/b/a Dealer Auctions