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
July 17, 2008
Columbia, South Carolina
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