Database Search Result Details
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First Name
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Russell
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Last Name
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Fletcher
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Decision Date
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4/14/2017
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Docket Number
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2017-0673-DOTDEF
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ALJ
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BTC
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Respondent
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Division of Highways
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Employment Type
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STATE
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Job Title
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TW2 Laborer
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Topics
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Default
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Primary Issues
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Whether Respondent was in default.
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Outcome
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Default Denied
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Statutes
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W. Va. Code § 6C-2-3(b)(1); W. Va. Code § 6C-2-4(a)(2); W. Va. Code § 6C-2-2(c)
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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); Dunlap v. Dep’t of Envtl. Protection, Docket No. 2008-0808-DEP (Dec. 8, 2008); Vance v. Div. of Juv. Serv., 2014-0024-MAPS (Jan. 31, 2014); Thomas v. Marion County Bd. of Educ., Docket No. 2014-0499-MrnED (July 9, 2014); Coats-Riley v. W. Va. State Tax Dep’t, Docket No. 2014-1745-DOR (May 4, 2015); Bumgardner v. Kanawha County Bd. of Educ., Docket No. 2015-0927-KanED (Nov. 19, 2015)
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Keywords
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Default; Level One Decision; Untimely; Days; Timeframe
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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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Grievant made a claim for relief by default when Respondent failed to hold a hearing within the statutory time-frame. Respondent, instead of holding a hearing, drafted a dismissal order, but failed to file the order with the Grievance Board or send the order to Grievant. Respondent did not make a required response within the timeframe and was not prevented from doing so directly as a result of injury, illness or a justified delay. Respondent’s failure is negligent, but Grievant’s claim for relief was itself not timely filed. Accordingly, Grievant’s claim for relief by default is denied.
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