ORDERS:
ORDER OF REMAND
This
matter is an appeal by the South Carolina Department of Motor Vehicles
(“Department”) from a March 10, 2006 Order of the South Carolina Division of
Motor Vehicle Hearings (“DMVH”) rescinding Respondent’s driver’s license
suspension. The DMVH’s Order was issued following a February 6, 2006 administrative
hearing held pursuant to S.C. Code Ann. § 56-5-2951(B)(2) (Supp. 2004). The
DMVH’s Order was based on the Court of Appeals’ decision in Starnes v. S.C.
Dep’t of Pub. Safety, 342 S.C. 216, 535 S.E.2d 665 (Ct. App. 2000), in
which the Court of Appeals held that, in cases where a final order is not
issued within the thirty-day time period mandated by Section 56-5-2951, administrative
hearing officers lack jurisdiction to sustain a motorist’s driver’s license suspension.
On
September 11, 2006, this Court held that, pursuant to the Supreme Court’s
recent decision in Johnston v. S.C. Dep’t of Labor, Licensing, and
Regulation, S.C. Real Estate Appraisers Bd., 365 S.C. 293, 617 S.E.2d 363
(2005), the DMVH’s failure to timely issue a final order does not affect its
jurisdiction. See S.C. Dep’t of Motor Vehicles v. Boyle, 06-ALJ-21-0340-AP,
2006 WL 2827728 (S.C. Admin. Law Ct. September 11, 2006). As evidenced by
their briefs, both parties agree that the March 10, 2006 Order should be
vacated, and that the case should be remanded to the DMVH for a decision on the
merits.
IT
IS THEREFORE ORDERED that the DMVH Order dated March 10, 2006 is VACATED.
It is further
ORDERED that this matter is REMANDED to the DMVH for a ruling on the merits based
on the existing record.
IT
IS SO ORDERED.
______________________________
John D. McLeod
Administrative
Law Judge
March 22, 2007
Columbia, South Carolina
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