ORDERS:
Appellant S. C. Department of Motor Vehicles (DMV) contends that the September 18, 2008 Order rescinding the suspension of Respondent Bonifacio Martinez-Torres’ license should be reversed and the suspension reinstated. We agree.
This Court has jurisdiction to hear this matter pursuant to S. C. Code Ann. §56-5-295(b)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, May 24, 2008. Respondent did not file he request for a hearing with the OMVH until July 18, 2008.. 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 September 18, 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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