· 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 CourtListenerSourced 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.