Wednesday, November 26, 2014

SC Administrative Law Court Decisions

CAPTION:
SCDMV vs. Subir Bakshi

AGENCY:
South Carolina Department of Motor Vehicles

PARTIES:
Appellant:
South Carolina Department of Motor Vehicles

Respondents:
Subir Bakshi
 
DOCKET NUMBER:
06-ALJ-21-0633-AP

APPEARANCES:
n/a
 

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