Friday, March 22, 2019

Noteworthy Orders

S.C. Department of Motor Vehicles v. Cain (06-ALJ-21-0790-AP)

In this case, the Court analyzed whether the DMVH hearing officers must comply with the Department's policy, setting forth conditions that must be met in order for a Section 56-1-1090(c) suspension reduction to be granted.  The Court concluded that because the Department had not promulgated Policy VS-001 as a regulation, DMVH hearing officers were not required to treat it as anything more than a non-binding guideline.  Thus, a DMVH hearing officer's failure to follow the conditions set forth in the policy when granting a suspension reduction does not per se constitute reversible error.


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