ORDERS:
ORDER
This
matter 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) (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. The
Administrative Law Court (“ALC” or “Court”) has jurisdiction to hear this
matter pursuant to S.C. Code Ann. § 1-23-660 (Supp. 2006).
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. 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
May 9, 2007
Columbia, South Carolina
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