Database Search Result Details
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First Name
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Susan
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Last Name
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Evans, et al.
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Decision Date
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11/16/2016
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Docket Number
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2016-1884-CONSDEF
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ALJ
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RLR
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Respondent
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Upshur-Buckhannon Health Department
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Employment Type
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STATE
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Job Title
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Nurse Director
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Topics
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Default
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Primary Issues
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Whether Grievants proved by a preponderance of the evidence that Respondent failed to hold a Level One hearing within the time period required.
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Outcome
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Default Granted
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Statutes
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W. Va. Code § 6C-2-3(b)(1); W. Va. Code § 6C-2-2(b)
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Related Cases
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Donnellan v. Harrison County Bd. of Educ., Docket No. 02-17-003 (Sept. 20, 2002); Browning v. Logan County Bd. of Educ., Docket No. 2008-0567-LogED (Oct. 24, 2008); Hanlon v. Logan County Bd. of Educ., 201 W. Va. 305, 496 S.E.2d 447 (1997); Thomas v. Reg’l Jail & Corr. Facility Auth., Docket No. 2013-1820-MAPS (July 19, 2013)
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Keywords
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Default; Statutory Time Lines; Level One Hearing
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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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Grievants proved that Respondent failed to hold a Level One hearing within the mandatory time frame set out in West Virginia Code § 6C-2-4. Under the unique facts of this case, the record supports a finding that Grievants were in substantial compliance with the filing requirements for the Public Employees Grievance Board. Nothing in the record suggests that Respondent did not receive a copy of Grievants’ Level One grievance forms. Grievants mailed the forms to the highest ranking administrator at the Upshur-Buckhannon Health Department. Respondent failed to prove that it was prevented from holding the Level One hearing as a result of any of the acceptable reasons set out in West Virginia Code § 6C-2-3. Accordingly, Grievants prevail by default.
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