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Starnes v. Department Of Public Safety7/17/2000
Appeal From Lancaster County Daniel E. Martin, Sr., Circuit Court Judge
Submitted April 10, 2000
AFFIRMED
The South Carolina Department of Public Safety suspended the driver's license of Billy Ray Starnes. The circuit court reversed the suspension, finding Department (1) lacked the authority to hold a hearing outside the ten-day time limit prescribed by statute, (2) failed to issue a written order within the required thirty-day period, and (3) submitted a breath test result based on an invalid simulator test. Department appeals and we affirm.
FACTS/PROCEDURAL HISTORY
The basic facts of this case are not in dispute. On July 25, 1998, Starnes was arrested for driving under the influence pursuant to S.C. Code Ann. § 56-5-2930 (Supp. 1999). Starnes submitted to a breath test and, upon registering an alcohol concentration of .15%, surrendered his driver's license to the arresting officer. On July 31st, pursuant to S.C. Code Ann. § 56-5-2951 (Supp. 1998), Starnes enrolled in an Alcohol and Drug Safety Action Program, requested an administrative hearing, and obtained a temporary alcohol-restricted license.
Two weeks later, on August 14th, Department held an administrative hearing to review the suspension of Starnes's license. At the hearing, Starnes argued Department failed to convene the hearing within the ten-day period prescribed by § 56-5-2951(H) and thus, his suspension should be rescinded. The hearing officer, stating that he did not receive notice of Starnes's request for a hearing until August 7th, found the hearing was timely. Starnes also objected to the admission of the breath test result, claiming the breath test was invalid due to an improper simulator setting. The hearing officer disagreed, finding the State "carried the burden of proof on all the contested issues." On August 20th, the hearing officer sustained the license suspension. Starnes, however, did not learn of the decision until October 30th, when he received a letter dated October 21st.
Starnes filed a timely petition for judicial review in the circuit court pursuant to the Administrative Procedures Act. See S.C. Code Ann. § 56-5-2951(I) (Supp. 1998). In addition to the errors argued before the hearing officer, Starnes asserted that Department's failure to provide notice of its decision within thirty days of the hearing was also contrary to § 56-5-2951(H).
At the hearing before the circuit court, Department stipulated that Starnes's hearing did not occur within the statutory ten-day period and that Department failed to provide Starnes with an order of decision within thirty days following the conclusion of the hearing. By order dated January 29, 1999, the court reversed the decision of the Department's hearing officer and reinstated Starnes's license. Department appeals.
LAW/ANALYSIS
Department first argues the circuit court erred in finding the admitted violation of the statutory ten-day hearing requirement divested it of jurisdiction to hold a hearing in the first instance. We disagree.
Under the statutory provisions governing our implied consent law, Department must suspend the license of anyone who drives a motor vehicle and refuses to submit to an alcohol breath test or who takes the test and registers an alcohol concentration of at least .15%. See S.C. Code Ann. § 56-5-2951(A) (Supp. 1998). Within ten days of a notice of suspension, however, a person may request an administrative hearing. See id. § 56-5-2951(D)(2). The scope of this hearing is limited to proof of (1) lawful arrest or detainment, (2) advisement of rights associated with the implied consent statute, and (3) a refusal to submit
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