1987-1988 Bill 3018: Review of certain drivers' license cancellations, suspensions, or revocations

South Carolina General Assembly
107th Session, 1987-1988

Bill 3018

                    Current Status

Bill Number:               3018
Ratification Number:       715
Act Number                 616
Introducing Body:          House
Subject:                   Review of certain drivers' license
                           cancellations, suspensions, or
                           revocations

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

(A616, R715, H3018)

AN ACT TO AMEND SECTION 56-1-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVIEW OF CERTAIN DRIVERS' LICENSE CANCELLATIONS, SUSPENSIONS, OR REVOCATIONS BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SECTION 56-1-820, RELATING TO THE REVIEW OF SUSPENSIONS BY THE DEPARTMENT, AND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF BLOOD AND THE PROCEDURES RELATED THERETO INCLUDING AN APPELLATE HEARING BY THE DEPARTMENT, SO AS TO REVISE THESE HEARING OR REVIEW PROCEDURES AND REQUIRE THAT THESE HEARINGS OR REVIEWS BE CONDUCTED IN ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURES ACT; AND TO AMEND SECTION 56-5-5360, RELATING TO MOTOR VEHICLE INSPECTIONS, SO AS TO REVISE THE HEARING OFFICIAL DESIGNATED TO HEAR APPEALS OF GARAGES OR STATIONS DENIED THE RIGHT TO ISSUE CERTIFICATES OF INSPECTION.

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

Review procedure revised

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 the request the department shall afford him a review in accordance with the State Administrative Procedures Act, in the county where the licensee was arrested unless the department and the licensee agree that the review may be held in some other county. The review may be held by a duly authorized agent of the department. Upon the review, the department shall either rescind its order of suspension, cancellation, or revocation or, good cause appearing therefor, may continue, modify, or extend the suspension, cancellation, or revocation of the license."

Review procedure revised

SECTION 2. Section 56-1-820 of the 1976 Code is amended to read:

"Section 56-1-820. The licensee may, within ten days after notice of suspension, request in writing a review, and upon receipt of the request the department shall afford him a review in accordance with the State Administrative Procedures Act."

Hearing procedure revised

SECTION 3. Section 56-5-2950(e) of the 1976 Code is amended to read:

"(e) Upon suspending the license or permit to drive or nonresident operating privilege of any person, or upon determining that the issuance of a license or permit must be denied to the person, as hereinbefore in this section directed, the department shall notify immediately the person in writing and, upon his request, shall afford him an opportunity for a hearing in accordance with the State Administrative Procedures Act, except that the scope of the hearing for the purposes of this section must be limited to the issues of whether the person was placed under arrest, whether the person had been informed that he did not have to take the test but that his privilege to drive would be suspended or denied if he refused to submit to the test, and whether he refused to submit to the test upon request of the officer. The department shall order that the suspension or determination that there should be a denial of issuance either be rescinded or sustained."

Hearing procedure revised

SECTION 4. Section 56-5-5360(b) of the 1976 Code is amended to read:

"(b) Application for license must be made on an official form and must be granted only when the department is satisfied that the station is properly equipped and has competent personnel to make the inspections and will be properly conducted. A fee of ten dollars must be charged for every official inspection station permit issued, or a renewal thereof; provided, that no fee may be charged to official inspection stations of the State, county, or other political subdivision for garages maintained for the upkeep and maintenance of public-owned vehicles. Any garage or station being refused the right to issue certificates of inspection upon request must be granted a hearing by the department."

Time effective

SECTION 5. This act takes effect upon approval by the Governor.