313 Ga. App. 782
Ga. Ct. App.2012Background
- Dillard, a classified employee of the Department of Community Health, went on unpaid leave for a carpal tunnel injury and later did not return to work.
- The Department terminated Dillard as a voluntary separation under Rule 478-1-.24(10)(b) after she failed to provide required documentation.
- Dillard appealed to the State Personnel Board (the Board) and requested an evidentiary hearing; the ALJ decided the appeal on the written record without an evidentiary hearing.
- The superior court reversed, holding that OCGA §§ 45-20-8 and -9 guarantee an evidentiary hearing and that the Board/ALJ violated those provisions.
- The superior court also ordered reinstatement as if there had been no break in service under Rule 478-1-.24(9)(f)(4); the Department appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board may dispense with an evidentiary hearing in voluntary-separation cases | Dillard | DCH | No; statute requires hearing |
Key Cases Cited
- Brown v. State Merit Sys., etc., 245 Ga. 239 (1980) (right to hearing in voluntary separations varies by circumstance)
- Brown v. Ga. Dept. of Revenue, 881 F.2d 1018 (11th Cir.1989) (cannot deny hearing for voluntary separation)
- Clark v. State Personnel Bd., 252 Ga. 548 (1984) (classified employees entitled to Merit System Act rights)
- Ga. Soc’y of Ambulatory Surgery Centers v. Ga. Dept. of Community Health, 309 Ga.App. 31 (2011) (administrative rules must align with statutory authority)
- Davis v. State, 213 Ga.App. 212 (1994) (plain meaning of statutes governs interpretation)
- State Personnel Ed. v. Adams, 216 Ga.App. 341 (1995) (Board may not refuse to consider statutory waivers where authorized)