When a person is convicted of one or more of the offenses listed in Section 56-1-1020(a), (b), or (c), the department must review its records for that person. If the department's review of its records shows that the person is an habitual offender as defined in Section 56-1-1020, the department must institute agency proceedings in accordance with the Administrative Procedures Act to revoke or suspend the person's driver's license except that appeals under this section must be made to the appropriate magistrate's court as set forth below.

If after appropriate proceedings, the department finds the person to be an habitual offender, the department shall direct the person not to operate a motor vehicle on the highways of this State and to surrender his driver's license or permit to the department. A resident of South Carolina found to be an habitual offender may appeal to the chief magistrate in the county in which the appellant resides. A nonresident person found to be an habitual offender may appeal to the chief magistrate of Richland County. In any appeal, the magistrate shall hear and determine the matter de novo.