Pure Fresh Enterprises, Inc. v. Division of Alcoholic Beverages & Tobacco

ON APPELLEE’S MOTION FOR REMAND

The initial brief in this administrative appeal argues that the fairness of the proceedings and the correctness of the final order have been impaired by a material error in procedure. Appellant’s counsel represents that he was not served a copy of a hearing officer’s recommended order and that the first counsel knew of its existence was when a final order was received adopting the recommended order.

In response, appellee moves to remand the cause back to the agency to allow appellant to file exceptions to the recommended order. Appellee also joins in a…