Wednesday, September 03, 2014

SC Administrative Law Court Decisions

CAPTION:
SCDMV vs. Benjamin J. Driggers

AGENCY:
South Carolina Department of Motor Vehicles

PARTIES:
Appellant:
South Carolina Department of Motor Vehicles

Respondents:
Benjamin J. Driggers
 
DOCKET NUMBER:
06-ALJ-21-0708-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER

This 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. § 56-1-1090(c) (Supp. 2006). The Department’s sole argument on appeal is that the DMVH hearing officer committed error by failing to follow Department Policy VS-001 in granting a reduction of Respondent’s driver’s license suspension. According to the Department, Department Policy VS-001 prohibited the granting of such a reduction to Respondent.

On March 23, 2007, the ALC issued an En Banc Order holding that Department Policy VS-001 does not have the force or effect of law, and that a DMVH hearing officer’s failure to follow Department Policy VS-001 does not per se constitute error. See S.C. Dep’t of Motor Vehicles v. Cain, 06-ALJ-21-0790-AP (S.C. Admin. Law Ct. March 23, 2007). Pursuant to ALC Rule 70(F), the holding of the En Banc Order is binding upon all individual administrative law judges in all subsequent cases. Accordingly, the DMVH’s Final Order and Decision must be affirmed.


IT IS THEREFORE ORDERED that the DMVH’s Final Order and Decision is AFFIRMED.

AND IT IS SO ORDERED.

______________________________

Carolyn C. Matthews

Administrative Law Judge

November 10, 2008

Columbia, South Carolina


~/pdf/060708.pdf
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