James Millholland v. SCDC

Syllabus

James Millholland appeals an order from the Administrative Law Court (ALC) arguing the ALC erred in dismissing his appeal from the South Carolina Department of Corrections (SCDC). Millholland argues SCDC violated his right to due process when it automatically charged him a $250 processing fee for the collection of his DNA pursuant to the South Carolina DNA Identification Record Database Act (the DNA Act) when he had already submitted a DNA sample following a previous conviction. We reverse the ALC's dismissal of Millholland's appeal and remand for a hearing on the merits.