dissenting.
[¶ 26.] I join Justice Meierhenry’s dissent to the extent that she states that the Department is entitled only to those powers specifically delegated to it by the Legislature. The Department has failed to show that it has the authority to disregard SDCL 32-12-49 and look back beyond four years for determination of license revocation.
[¶ 27.] The majority opinion allows the Department complete discretion as to how far it will look back for purposes of license revocation. By providing that the look back period will vary depending upon which statute the Department chooses to proceed under, the majority creates a state of law under which no person will know what their potential revocation will be until the Department picks a statute. This is inconsistent with due process and inconsistent with the principles of predictability and continuity in the law. Office of Consumers’ Counsel v. Public Utilities Commission, 58 Ohio St.2d 108, 388 N.E.2d 1370, 1377 (1979) (noting, “[a] well-recognized legal standard is that predictability is essential in all areas of the law, including administrative law”).