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S.C. Code Ann. § 56-1-370

Review of cancellation, suspension, or revocation of license

Applied in 5 court decisions — leading case SC DEPT. HWYS. & PUB. TRANS. v. Dickinson (1986)

Most recently applied in Starnes v. SOUTH CAROLINA DEPARTEMENT OF PUBLIC SAFTEY (July 2000)

1962 Code SECTION 46-184; 1952 Code SECTION 46-177; 1942 Code SECTION 5996; 1932 Code SECTION 5996; 1930 (36) 1057; 1959 (51) 421; 1980 Act No. 501; 1988 Act No. 616, SECTION 1;…

How often courts cite this section

19831990200020
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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 of Motor Vehicles, request in writing an administrative hearing with the Division of Motor Vehicle Hearings in accordance with the rules of procedure of the Administrative Law Court and the State Administrative Procedures Act, in the judicial circuit where the licensee was arrested unless the Division of Motor Vehicle Hearings and the licensee agree that the hearing may be held in another jurisdiction. The hearing must be heard by a hearing officer of the Division of Motor Vehicle Hearings. Upon the review, the hearing officer shall either rescind the department's order of suspension, cancellation, or revocation or, good cause appearing therefor, may continue, modify, or extend the suspension, cancellation, or revocation of the license. If the administrative hearing results in the continued suspension, cancellation, or revocation of the license, the term of the suspension, cancellation, or revocation of the license is deemed to commence upon the date of the administrative hearing, as long as information is transmitted electronically to the Department of Motor Vehicles on the date of the hearing, and not on the date of the notice provided by the Department of Motor Vehicles.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.