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SC Administrative Law Court Decisions

Willie Miller #1412319 vs. SCDOC

South Carolina Department of Corrections

Willie Miller #1412319

South Carolina Department of Corrections



Grievance No. MCI-0329-99

This matter is before the Administrative Law Judge Division (Division) pursuant to the appeal of Willie Miller (Appellant) from the final decision of the Respondent, South Carolina Department of Corrections (Department), in a disciplinary proceeding against the Appellant, dated December 13, 1999. Appellant, who is incarcerated at Manning Correctional Institution in Columbia, South Carolina, claims that the Department failed to follow its own policy and that he was not given proper notice of how to appeal that decision. He further requests that the Division allow his late notice of appeal.

The Division's jurisdiction to hear this matter is derived entirely from the decision of the South Carolina Supreme Court in Al-Shabazz v. State, Op. No. 24995 (S.C. Sup. Ct. filed February 14, 2000) (Shearouse Adv. Sh. No. 6 at 21), 2000 WL 156547. In Al-Shabazz, the Supreme Court created a new avenue by which inmates could seek review of final decisions of the Department in "non-collateral" matters, i.e., matters in which an inmate does not challenge the validity of a conviction or sentence, by appealing those decisions to the Division and ultimately to circuit court pursuant to the Administrative Procedures Act. However, this avenue of relief applies only to

all PCR [post-conviction relief] actions filed and all administrative matters in which

Department [Department of Corrections] renders a final decision after the date of this opinion [February 14, 2000]. It also shall apply to all cases currently pending in circuit court or before this Court in which . . . Department has decided a non- collateral or administrative matter and the inmate has not had the opportunity to obtain APA review in the manner we have outlined.

Al-Shabazz at 45 (Emphasis added).

In this case, the Department rendered its final decision on December 3, 1999, and the Appellant received the decision on December 13, 1999 -- well before the Al-Shabazz case was decided. Moreover, there is no indication that Appellant appealed the Department's final decision to Circuit Court. Accordingly, this Division does not have jurisdiction to entertain Appellant's appeal, and this matter is hereby dismissed.



Ralph King Anderson, III

Administrative Law Judge

June 16, 2000

Columbia, South Carolina


You are entitled to appeal this final order of the Administrative Law Judge Division by filing a petition for judicial review in circuit court within thirty (30) days after receipt of this order. S.C. Code Ann. § 1-23-610 (Supp. 1999). The petition may be filed in any circuit court as long as the chosen forum is neither arbitrary nor unreasonable, and provided that no statute controls venue in a particular type of case. The review of the administrative law judge's order must be confined to the record. The reviewing tribunal may affirm the decision or remand the case for further proceedings; or it may reverse or modify the decision if the substantive rights of the petitioner have been prejudiced because the finding, conclusion, or decision is: (a) in violation of constitutional or statutory provisions; (b) in excess of the statutory authority of the agency; (c) made upon unlawful procedure; (d) affected by other error of law; (e) clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or (f) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

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