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· 12/17/2002

Virginia Department of State Police v. Barton

Citations

  • 573 S.E.2d 319
  • 39 Va. App. 439
  • 2002 Va. App. LEXIS 756

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that policy established by a state agency is not “law” and that “[t]he General Assembly has clearly vested review of policy issues involved in employee grievances in the [DHRM], and not in the courts”
  • explaining that the only ground of appeal for reviewing grievance panel decision is that the decision is contradictory to law
  • stating that, even when reviewing whether a termination decision is “contradictory to law” under Code § 2.2-3006(B), courts must defer to DHRM with respect to “whether the hearing officer’s decision is consistent with policy” and that determination is not “subject to judicial review”
  • “These statutes clearly provide the hearing officer is to act as fact finder____”
  • “the first and only appearance . . . as a standard of appellate review”
  • “As the provision of a state grievance procedure for state employees is a matter of legislative grace, the General Assembly has wide latitude in how it chooses to structure that process, including any right of appeal.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Elder, Annunzlata, Agee

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.