Database Search Result Details
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First Name
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Jeannise
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Last Name
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Greco
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Decision Date
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11/7/2017
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Docket Number
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2017-0998-MonCHDEF
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ALJ
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BLG
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Respondent
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Monongalia County Health Department
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Employment Type
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STATE
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Job Title
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Nutritionist I
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Topics
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Default
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Primary Issues
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Whether Grievant demonstrated that a default occurred.
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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(b)
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Related Cases
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Dunlap v. Dep’t of Envtl. Prot., Docket No. 2008-0808-DEP (Dec. 8, 2008); Harless v. W. Va. State Police, Docket No. 07-WVSP-080D (Mar. 21, 2008); Rossell v. Div. of Forestry, Docket No. 2014-0176-CONS (May 22, 2014); Williamson v. W. Va. Dep’t of Tax & Rev., Docket No. 98-T&R-275D (Sept. 30, 1998); Mehra v. W. Va. Univ. Potomac State Coll,, Docket No. 2015-1080-PSCWVU (Sept. 2, 2015); Harmon v. Fayette County Bd. of Educ., Docket No. 98-10-111 (July 9, 1998); Morrison v. Div. of Labor, Docket No. 99-LABOR-146D (June 18, 1999)
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Keywords
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Default; Procedural Error; Hearing v. Conference; Chief Administrator; Request for Hearing; Substantial Compliance
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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 argued a default occurred when a hearing was held at level one, rather than the conference she requested, when the level one decision was not issued by the chief administrator, that the level one decision was not issued in a timely manner, and that the request for a hearing on the default was made by someone who was not the chief administrator. The level one decision was issued within the statutory time period by the chief administrator. If a hearing was held at level one rather than a conference, this is a procedural error, not a default. Finally, the response to the default was signed by the Secretary for Board of Health, and substantially complied with the statutory requirements.
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