Database Search Result Details
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First Name
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Xavier
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Last Name
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Oglesby
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Decision Date
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11/21/2017
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Docket Number
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2017-2047-MAPSDEF
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ALJ
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CHL
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Respondent
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Regional Jail and Correctional Facility Authority/Southern Regional Jail
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Employment Type
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STATE
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Job Title
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Correctional Officer II
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Topics
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Default
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Primary Issues
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Whether Grievant proved by a preponderance of the evidence his claim for relief by 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)
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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; Statutory Time-Frame; Failure to Appear; Evidence; Claim; Denied
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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 alleging that Respondent failed to issue a level one decision within the statutory time-frame. Grievant failed to appear in person at the hearing on his claim for relief by default, and he made no request for a continuance. Grievant’s representative appeared in person, and explained that Grievant had not returned any of his telephone calls. Grievant’s representative suggested that the claim for relief by default be denied. Grievant bears the burden of proof on his claim for relief by default, and no evidence was presented to support such. Grievant failed to prove his claim by a preponderance of the evidence. Accordingly, Grievant’s claim for relief by default is DENIED.
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