Database Search Result Details
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First Name
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CECIL
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Last Name
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CASTO
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Decision Date
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6/25/1987
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Docket Number
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18-87-057-1
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ALJ
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LC
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Respondent
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JACKSON COUNTY BOARD OF EDUCATION
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Employment Type
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SERV
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Job Title
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BUS OPERATOR
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Topics
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DISMISSAL
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Primary Issues
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LOSS OF OPERATORS LICENSE
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Outcome
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DENIED
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Statutes
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17C-14-12
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Related Cases
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CLAYBURN WALKER V KANAWHA COUNTY 20-86-157-1; LESTER LUCAS V WVDOE
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Keywords
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LOSS OF BUS OPERATOR LICENSE, RECKLESS DRIVING, BUS DRIVER, TRANSPORTATION OF CHILDREN; BREATHALYZER TEST, INTOXICATED
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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GR WAS EMPLOYED AS A SCHOOL BUS OPERATOR AND HIS CONTRACT OF EMPLOYMENT WAS TERMINATED SUBSEQUENT TO THE REVOCATION OF HIS CHAUFFEUR'S LICENSE BY THE WVDMV FOR A GUILTY PLEA FOR RECKLESS DRIVING. W.VA. CODE, 17C-14-12 PROVIDES THAT THE WV BOARD OF EDUCATION, BY AND WITH THE ADVICE OF THE MOTOR VEHICLE COMMISSIONER, SHALL ADOPT AND ENFORCE REGULATIONS TO GOVERN THE OPERATION OF ALL SCHOOL BUSES USED FOR THE TRANSPORTATION OF SCHOOLCHILDREN AND ALL EMPLOYEES ARE BOUND BY SUCH REGULATIONS. SUBSECTION (B) THEREOF PROVIDES THAT AN EMPLOYEE WHO VIOLATES ANY OF THESE REGULATIONS IF GUILTY OF MISCONDUCT AND SUBJECT TO REMOVAL FROM EMPLOYMENT. THE EMPLOYMENT CONTRACT OF A SCHOOL BUS OPERATOR WHOSE CHAUFFEUR'S LICENSE WAS REVOKED FOR REFUSAL TO SUBMIT TO A BREATHALYZER TEST INCIDENT TO AN ARREST FOR DRIVING WHILE INTOXICATED AND WHO IS DECLARED NOT QUALIFIED OR ELIGIBLE TO DRIVE A SCHOOL BUST BY THE STATE SUPERINTENDENT OF SCHOOLS MAY BE TERMINATED.
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