ORDERS:
Appellant S. C. Department of Motor Vehicles (DMV) contends that the May 12, 2008 Order rescinding the suspension of Respondent Jerome F. Wooton’s license should be reversed and the suspension reinstated. Respondent did not file a brief. We agree with Appellant’s position.
This Court has jurisdiction to hear this matter pursuant to S. C. Code Ann. §56-5-2951(B)(2), which provides in pertinent part:
Within thirty (30) days of the issuance of the Notice of Suspension,
the person may request an administrative hearing.”
The Notice of Suspension was given to Respondent on the date he was arrested, February 3, 2008. The Record contains two different dates on which Respondent filed his request for a hearing with the DMVH: March 18, 2008 and March 27, 2008. However, both dates are beyond the statutorily-mandated 30-day time limit.
Therefore, I find that this appeal was not timely filed and Appellant has not properly invoked the jurisdiction of this tribunal. It is well established that a court does not have the authority to extend the time for taking an appeal from a decision of a state agency. E.g. Mears v. Mears, 287 S.C. 168, 337 S.E.2d 206 (1985); Burnette v. S.C. Highway Dep’t, 252 S.C. 568, 167 S.E.2d 571 (1969). This tribunal recognizes the harsh result of this decision but is constrained by the rules and legal precedent in this State. See McClain v. Ingram, 314 S.C. 359, 444 S.E.2d 512 (1994). Therefore, the Order of the Hearing Officer dated May 12, 2008 is reversed, and the suspension in reinstated.
AND IT IS SO ORDERED.
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CAROLYN C. MATTHEWS
Administrative Law Judge
May 21, 2009
Columbia, South Carolina
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