Database Search Result Details
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First Name
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Cari
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Last Name
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Stone
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Decision Date
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7/7/2017
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Docket Number
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2017-1366-DEADEF
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ALJ
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BTC
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Respondent
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Division of Rehabilitation Services
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Employment Type
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STATE
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Job Title
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Rehab. Program Specialist
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Topics
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Default
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Primary Issues
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Whether default occurred, and, if so, whether the delay was justified.
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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-2-3(b)(2); W. Va. Code § 6C-2-3(o)
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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)
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Keywords
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Default; Level One Hearing Location; Time-Frame
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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 claiming Respondent failed to meet level one timeframes and for “non-communication between parties.” Grievant objected to the locations proposed by Respondent for the level one hearing due to privacy concerns. Grievant sought the Grievance Board’s intervention in resolving the hearing location dispute. Due to time constraints, the Grievance Board was unable to make a decision regarding the hearing location before the scheduled level one hearing, and instructed Respondent to continue the level one hearing. Before an order on the hearing location dispute could be issued, Grievant claimed default. Grievant’s claim for default must be denied as Respondent’s failure to hold the level one hearing within the statutory timeframe was justified as Grievant had disputed the hearing location, had sought Grievance Board intervention, and Respondent had been instructed by the Grievance Board to continue the hearing. Accordingly, Grievant’s claim for relief by default is denied.
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