Database Search Result Details
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First Name
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JOE
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Last Name
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SMITH, JR.
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Decision Date
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8/29/1986
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Docket Number
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54-86-131-1
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ALJ
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LC
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Respondent
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WOOD COUNTY BOARD OF EDUCATION
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Employment Type
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PROF
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Job Title
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TEACHER
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Topics
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TIMELINESS; LEVEL FOUR
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Primary Issues
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Appeal Untimely
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Outcome
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REMANDED
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Statutes
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18A-4-8B(a)
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Related Cases
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351 S.E.2D 58 (W.VA. 1986); 275 S.E.2D 908
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Keywords
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REMAND, LEVEL FOUR, UNTIMELY, INSUFFICIENT EVIDENCE
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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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THIS CASE HOLDS THAT IN THE ABSENCE OF UNAVOIDABLE CAUSE OR EXCUSABLE NEGLECT A APPEAL FILED AT LEVEL FOUR THIRTY DAYS AFTER THE RECEIPT OF THE DECISION IS UNTIMELY. IT ALSO HOLDS THAT WHERE THE FACTS IN A CASE SUBMITTED ON THE RECORD ARE NOT SUFFICIENT TO RENDER A DECISION THE CASE WILL BE REMANDED. IN NOTE 5 THE HEARING EXAMINER STATES THAT IN THE MAJORITY OF THE SITUATIONS THE MOST SENIOR APPLICANT WILL BE THE MOST QUALIFIED.
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