Database Search Result Details
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First Name
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Jeremy
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Last Name
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Hopson
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Decision Date
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7/19/2019
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Docket Number
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2017-1709-DEP
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ALJ
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BTC
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Respondent
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Department of Environmental Protection/Division of Mining and Reclamation
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Employment Type
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STATE
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Job Title
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Environmental Inspector
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Topics
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Selection
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Primary Issues
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Whether Grievant proved any legal insufficiency in the selection process or that the selection decision was arbitrary and capricious.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 143-1-12.4.j (2016)
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Related Cases
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Thibault v. Div. of Rehabilitation Serv., Docket No. 93-RS-489 (July 29, 1994); Mihaliak v. Div. of Rehab. Serv., Docket No. 98-RS-126 (Aug. 3, 1998); Spears v. Dep't of Health & Human Res., Docket No. 04-HHR-284 (July 27, 2005)
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Keywords
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Selection Process; Qualifications; Arbitrary and Capricious
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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 is employed by Respondent as an Environmental Inspector in the Division of Mining and Reclamation. Grievant applied for and was not selected for an Environmental Inspector position in Hazardous Waste Unit of the Office of Environmental Enforcement within the Division of Water and Waste Management. Grievant failed to prove any legal insufficiency in the selection process or that the selection decision was arbitrary and capricious. Accordingly, the grievance is denied.
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