South Carolina General Assembly
103rd Session, 1979-1980

Bill 894


                    Current Status

Bill Number:               894
Ratification Number:       621
Act Number                 501
Introducing Body:          Senate
Subject:                   Relating to review of cancellation,
                           suspension or revocation of drivers'
                           licenses
View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A501, R621, S894)

AN ACT TO AMEND SECTION 56-1-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVIEW OF CANCELLATION, SUSPENSION OR REVOCATION OF DRIVERS' LICENSES, SO AS TO PROVIDE THAT HEARINGS SHALL BE HELD IN THE COUNTY WHERE THE LICENSEE WAS ARRESTED AND THAT HEARINGS HELD PURSUANT TO SUSPENSIONS OF LICENSES FOR REFUSAL TO TAKE BREATHALYZER TESTS MAY BE HELD, IN THE DISCRETION OF THE LICENSEE, BEFORE A MAGISTRATE IN THE COUNTY WHERE THE LICENSEE WAS ARRESTED UNLESS THE HIGHWAYS AND PUBLIC TRANSPORTATION DEPARTMENT AND THE LICENSEE AGREE TO A HEARING BEFORE A MAGISTRATE IN ANOTHER COUNTY AND PROVIDE FOR CHANGES IN THE ORDER OF REVOCATION, SUSPENSION OR CANCELLATION AFTER HEARINGS BY ORDER OF THE MAGISTRATE.

Be it enacted by the General Assembly of the State of South Carolina:

Licensee may request review after notice of suspension

Section 1. Section 56-1-370 of the 1976 Code is amended to read:

"Section 56-1-370. The licensee may, within ten days after notice of suspension, cancellation or revocation, except in cases where the suspension, cancellation or revocation is made mandatory upon the Department, request in writing a review and upon receipt of such request the Department shall afford him a review, as early as practicable within twenty days after receipt of such request, in the county where the licensee was arrested unless the Department and the licensee agree that such review may be held in some other county.

Such review may be held by a duly authorized agent of the Department, except that all hearings held pursuant to subsection (e) of Section 56-5-2950 may be held, in the discretion of the licensee, before a magistrate in the county where the licensee was arrested unless the Department and the licensee agree that such hearing may be held before a magistrate in some other county. Upon such review or order of the magistrate the Department shall either rescind its order of suspension, cancellation or revocation or, good cause appearing therefor or upon order of the magistrate, may continue, modify or extend the suspension, cancellation or revocation of such license."

Time effective

Section 2. This act shall take effect upon approval by the Governor.