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
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