Database Search Result Details
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First Name
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James
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Last Name
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Patterson
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Decision Date
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7/22/2019
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Docket Number
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2019-0408-DHHR
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ALJ
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WBM
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Respondent
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Department of Health and Human Resources/Office of the Inspector General
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Employment Type
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STATE
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Job Title
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Health Facilities Surveyor II
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Topics
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Dismissed
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Primary Issues
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Whether this grievance is moot.
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Outcome
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Moot
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Statutes
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W. Va. Code St. R. § 156-1-3 (2018); 156 C.S.R. 1 § 6.11
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Related Cases
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Armstrong v. W. Va. Div. of Culture & History, 229 W. Va. 538, 729 S.E.2d 860 (2012); Bragg v. Dept. of Health & Human Res., Docket No. 03-HHR-348 (May 28, 2004); Burkhammer v. Dep't of Health & Human Res., Docket No. 03-HHR-073 (May 30, 2003); Pridemore v. Dep't of Health & Human Res., Docket No. 95-HHR-561 (Sept. 30, 1996); Dooley v. Dep’t of Transp., Docket No. 94-DOH-255 (Nov. 30, 1994); Pascoli & Kriner v. Ohio County Bd. of Educ., Docket No. 91-35-229/239 (Nov. 27, 1991)
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Keywords
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Motion to Dismiss; Travel Expenses; Moot; Remedy
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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 seeks payment for travel expenses which have not be paid for more than thirty days after he submitted them for reimbursement. He also seeks that all travel expense requests to be entered in the VISTA system operated by the State Auditor’s office within three days of submission so that Grievant can track the payments. Respondent repaid all amounts owed to Grievant for travel expenses by the day after the filing of the grievance and has no control of the operation of VISTA posting times controlled by the Auditor’s office. Accordingly, there is no remaining remedy which can be granted, and this grievance must be dismissed as moot.
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